Facts

On May 21, 2006 a high-speed head-on collision occurred between a Santa Cruz Sentinel newspaper delivery van and a 1994 Ford Explorer driven by David Perez. Plaintiff Hilda Cecilia Garcia was seated in the passenger seat and was seven and a half months pregnant. Defendant Thomas Bissell, an employee of the Santa Cruz Sentinel, was delivering newspapers to subscribers when he lost control of his van and veered into the oncoming lane of travel. As a result of this incident the plaintiff lost her unborn child.

PLAINTIFF'S CONTENTIONS:
The plaintiff contended that defendant was liable for the loss of plaintiff's unborn fetus. The plaintiff argued that despite the fact that her name was on the title of the vehicle involved in the accident, and that said vehicle was uninsured, she was still entitled to general damages because her boyfriend had bought the vehicle and put her name on the title without her knowledge.

DEFENDANT'S CONTENTIONS:
The defendant contended that plaintiff's name appeared on the title of the vehicle with the DMV and therefore under Proposition 213, she was not entitled to any damages for the loss of her unborn fetus because the vehicle was uninsured at the time of the accident. The defendant contended that plaintiff lived with her boyfriend, they had children together, and she drove the vehicle on numerous occasions.

Result

Settlement for $700,000.

Other Information

FILING DATE: Aug. 18, 2006.