Facts

On April 22, 2008, plaintiff Joseph Monat, 39, was traveling westbound on 190th Street at approximately 30 to 35 mph (in a 45 mph speed limit zone) approaching the uncontrolled intersection of 190th Street and Cordary Avenue in Torrance. At the same time, defendant George McKeever, driving a rental car, while in the course and scope of his employment with defendant Maintenance Enterprises Inc., was driving eastbound on 190th Street approaching the same intersection. As plaintiff approached the intersection, McKeever turned left in front of plaintiff's vehicle.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that he was in number two lane of a two-lane road when defendant suddenly turned in front of him.

DEFENDANT'S CONTENTIONS:
Defendant contended that, before he made a left turn, the vehicles were stopped in both lanes of traffic in the opposing lanes and both drivers motioned him to make a left turn. Defendant claimed that as he turned, plaintiff suddenly appeared in the gutter lane and struck him.

The investigating traffic officer determined that the point of impact was in the gutter lane and that plaintiff's actions were a contributing factor in the accident per California Vehicle Code section 21755.

Settlement Discussions

Plaintiff demanded $420,000. Defendant offered $40,000.

Specials in Evidence

$59,078 $500 per week, until December 2009.

Injuries

Plaintiff sustained fractured patella, and neck and back pain.

Result

The case settled for $170,000.