Facts

On Sept. 29, 2008, Michael Gonsalves, a 28-year-old carpenter was at an intersection intending to make a left turn when his vehicle was struck by a truck from behind by defendant Luis Gutierrez's vehicle.

Gonsalves filed suit against Luis Gutierrez and his employer, Prudential Overally Supply, alleging motor vehicle negligence.

PLAINTIFF'S CONTENTIONS:
Gonsalves contended that he stopped to wait for a left turn traffic signal when he was rear-ended by Gutierrez. Plaintiff claimed negligence and vicarious liability for Prudential Overally Supply.

DEFENDANTS' CONTENTIONS:
Defendants conceded liability, but disputed the nature and extent of Gonsalves' damages, including plaintiff's claim for loss of earnings.

Settlement Discussions

Plaintiff demanded $1 million policy limits. Defendants paid $925,000 after intially offering $100,000.

Specials in Evidence

$131,000 $65,308 $1 million $100,000

Injuries

Plaintiff suffered an extruded disc at C5-6 compressing the cervical spinal cord requiring surgery.

Result

The settlement is valued at $1.07 million with partial structure.

Other Information

FILING DATE: Jan. 15, 2010.