Facts

On March 11, 2004, plaintiff was driving on Concord Blvd. in Concord, when defendant, 90, made a left hand turn into the side of plaintiff's car. the impact forced plaintiff's vehicle to exit the roadway and hit a tree head on. Within two weeks of the accident, defendant was deemed to be incompetent and a conservatorship was appointed.

PLAINTIFF'S CONTENTIONS:
Defendant admitted liability but claimed that plaintiff was at fault for speeding and being under the influence of drugs. The results of a post-accident and post-hospitalization blood test showed that plaintiff tested positive for opiates and amphetamines. The tests were administered after plaintiff was given morphine at the accident scene. Plaintiff had taken over the counter cold medications earlier that day.

DEFENDANT'S CONTENTIONS:
Defendant admitted liability, but claimed plaintiff was comparatively at fault for being under the influence and for speeding. Defendant also claimed that plaintiff was not wearing his seat belt.

Specials in Evidence

$331,810; $80,000.

Injuries

Mild brain injury, coma, facial lacerations, fractured right hip and fractured right ankle.

Result

The parties settled for $350,000. $100,000 to be paid by defendant's insurance (policy limits). The remaining amount to be paid by defendant's estate. The settlement was contingent upon court approval in the conservatorship. The parties agreed that of the money to be paid out of defendant's personal assets, the sum of $25,000 would be paid upon court approval. The remaining sum would be secured with a promissory note and first deed of trust against defendant's home, earning interest at the rate of 6.5 percent until paid, payment not to be made until after defendant's death. Defendant died on Aug. 25, 2006. His house was sold and the settlement was satisfied on Nov. 17, 2006.

Other Information

Plaintiff was represented by prior counsel who recommended that he accept a $100,000 policy limit settlement offer made by defendant's auto carrier shortly after the accident. This law firm was let go but later asserted a lien in the sum of $33,333.33 upon learning of the settlement. Prior counsel accepted the sum of $2,000 to satisfy their lien.