Facts

The plaintiff, a 33-year-old tow truck operator, stopped his tow truck in front of a residence at which he was to make a service call for assistance. As he sat in his truck, defendant Ulloa crashed his pickup truck into the rear of the plaintiff's vehicle. The defendant claimed that plaintiff was comparatively negligent for stopping his truck in a lane of travel instead of against the curb. The plaintiff claimed that the defendant failed to maintain proper lookout and was traveling at an excessive speed, and that there was no excuse for the failure to see the stopped tow truck.

State Compensation Insurance Fund filed an intervention action seeking to recover amounts it had paid out for expenses and benefits for the plaintiff.

PLAINTIFF'S CONTENTIONS:
The plaintiff alleged injury to his neck and lower back, including multiple bulging disks that would require surgery. The plaintiff was unable to work and suffered from chronic lower back pain. The plaintiff asserted an inability to work since the accident and that future surgery would cause additional future loss of earnings.

DEFENDANT'S CONTENTIONS:
The defendant disputed the nature and extent of the claimed injuries, asserting that the plaintiff had already had previous back injuries as shown by prior workers' compensation claims.

The defendant argued that contributory negligence should be charged to the plaintiff for failing to stop his vehicle in a reasonably safe location.

Settlement Discussions

The plaintiff demanded $450,000, later dropped to $400,000 at mediation. The defendant offered $100,000 at mediation.

Specials in Evidence

$18,000; $68,000. $80,000;

Result

The case settled for $350,000, with the plaintiff to be responsible for the lien claim of plaintiff-in-intervention.