Facts

On Nov. 21, 2008, plaintiffs Robert McDonald and Kathleen McDonald, were driving eastbound on State Highway 121, between the cities of Sonoma and Napa. As they entered a left-hand curve, a large dump truck coming in the opposite direction overturned, spilling its load of rocks and dirt directly onto the plaintiffs' Porsche. The vehicle was thrown from the road and crushed. Both plaintiffs sustained severe injuries.

PLAINTIFF'S CONTENTIONS:
Plaintiffs contended that the oncoming truck, owned by defendant Darrah Trucking and driven by defendant Kevin Stewart, was traveling at an unsafe speed, causing it to overturn.

Plaintiffs also contended that the truck had been improperly and excessively loaded by employees of defendant Brownell Construction at the site from which the hauling began. Plaintiffs offered the testimony of one other truck driver hauling from the same site, who testified that the same operator had overloaded his truck and that he had complained of this fact to the excavator operator earlier in the day. They further offered evidence of weigh tags, secured from the quarry to which the rocks were being hauled, confirming that earlier loads had exceeded legal gross vehicle weights.

DEFENDANT'S CONTENTIONS:
Darrah Trucking and Kevin Stewart contended that Stewart drove at a safe speed without any deviation from Stewart's usual driving practice. The defense offered the testimony of independent witnesses who were following the truck, supporting this version of events. Stewart claimed not to know why the vehicle overturned.

Brownell contended that its operator correctly loaded the truck at issue and that the sole cause of the accident was Stewart's excessive speed around the left hand curve that caused the vehicle to overturn. Further, Brownell contended that its employees denied that anyone had ever complained that day that their trucks were overloaded. Finally, Brownell contended that there was no evidence offered that the truck involved in the accident was overloaded.

Specials in Evidence

$1.2 million

Damages

Due to lengthy periods of disability, plaintiffs claimed losses to their importation and production company in excess of $1 million.

Result

The case settled, after initial discovery was completed but prior to expert disclosure and discovery, for $2 million ($1 million policy limits paid on behalf of Stewart and Darrah Trucking; $1 million policy limits paid on behalf of Brownell Construction). $120,000 of the total $2 million settlement was divided among five other claimants, two of whom experienced lesser injuries and three of whom claimed property damage.

Other Information

According to defense counsel, the primary factors precipitating early settlement and payment of Brownell's $1 million dollar policy limit were the catastrophic injuries sustained by plaintiffs and the very large total special and general damages. FILING DATE: June 16, 2009.