Facts

While plaintiff Diana Carmona-Baez was driving through a green light at an intersection in Chula Vista, defendant Adriana Martinez, who was driving a 2001 E-350 Ford Van, ran a red light and slammed into the passenger side of Carmona's 2005 Honda Civic LX Sedan. Plaintiff Brenda Mendez was sitting in the front passenger seat at the time of the collision.

Plaintiffs' investigator located a security video of the incident from a local business. The video shows Martinez running the red light at a high speed and crashing into Carmona's sedan. Martinez was driving her work vehicle, a medical transport van owned by defendant San Diego Medical Transport, at the time of the incident.

Martinez testified in her deposition that she was not working at the time of the incident, but that her employer permitted her to take her work vehicle home after work hours.

PLAINTIFFS' CONTENTIONS:
Plaintiffs claimed negligence and vicarious liability for San Diego Medical Transport. Plaintiffs further contended that when Martinez took her work vehicle home, a benefit accrued to her employer.

DEFENDANT'S CONTENTIONS:
San Diego Medical Transport contended that it was not liable because Martinez was acting outside the course and scope of her employment. Prior to viewing a videotape showing Martinez running a red light and causing the collision, Martinez contended that Carmona ran a red light and caused the collision.

Settlement Discussions

Plaintiffs demanded policy limits and defendants paid policy limits.

Specials in Evidence

$40,940 (Carmona-Baez); $849,616 (Mendez). County Medical Services paid for Mendez's medical bills and asserted a lien for $98,396. County Medical Services agreed to waive the lien. $21,080 (Mendez); $4,416 (Carmona-Baez)