Facts

On Jan. 24, 2011, at approximately 9 a.m., Juana Santivanez was driving east on Orange St. with her husband, Gavino Santivanez, in the front passenger seat. Coming from a stop, they approached the intersection with State Route 43 (SR-43) and were broadsided by a truck operated by Enrique Chilaca who was driving north on SR-43. The husband and wife retirees suffered injuries as a result thereof and sued Chilaca, the owners of the truck, B&L Casing Service LLC and B&L Equipment Rentals Inc., Chilaca's employers. The Santivanes sued the defendants for negligence and vicarious liability.

PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that defendant-driver was driving within the course and scope of his employment when the collision took place. They also contended that the driver was speeding above the posted 55 miles per hour speed limit in foggy weather conditions.

DEFENDANT'S CONTENTIONS:
Defendant-driver contended that he saw plaintiffs' vehicle, and applied his brakes and swerved to the right. Unfortunately, he did not stop in time to avoid a collision. Defendant also contended that he was not speeding at the time, and that he was not liable for the accident because plaintiff-driver failed to yield as she drove through the stop sign in approaching the intersection. Moreover, defendant contended that the police report listed the cause of the accident as plaintiff's failure to yield.

Damages

Mr. Santivanez claimed that his mental and cognitive deficiencies required him to be on around-the-clock care and supervision. He sought $536,158 in damages for medical costs. He also sought recovery of damages for future medical costs and past and future pain and suffering. Ms. Santivanez sought $201,410 in total medical costs. She also sought recovery for future medical costs and past and future pain and suffering.

Injuries

Plaintiffs were taken to an emergency room by ambulance. Mr. Santivanez suffered from several injuries, including, among others, rib fractures and several other fractures in his body. He also suffered an aortic tear and underwent surgery to repair the aortic tear. He coded on two occasions, which resulted in oxygen deprivation. This ultimately affected his cognitive and memory abilities. As a result, he continued to suffer from memory impairment, problems with concentration, insight, as well as personality changes, depression, confusion, and post-traumatic amnesia. Ms. Santivanez also sustained rib fractures as well as a pulmonary contusion and a right pneumothorax. She also suffered from depression, anxiety, and chronic pain. She continued to suffer from post-concussive syndrome, including faulty memory and altered behavior as well as insomnia, anxiety, and post-traumatic stress disorder. She also claimed suffering from urinary incontinence and post-traumatic hyperphagia, causing her weight gain.

Result

The parties agreed to settle for $1.825 million in mediation. Mr. Santivanez received $1.5 million from the total settlement, while Ms. Santivanez received the remaining $325,000.