Facts

Plaintiff Ronald Rice and his friend, defendant Douglas Abadie, were both classic vehicle enthusiasts. Defendant invited plaintiff to accompany him for a drive in his Corvette. They were riding on Redwood Road near the Oakland/Castro Valley border. As defendant was entering a turn in the roadway, he lost control of the vehicle. The car went off the highway and rolled down an embankment some 300 feet. Plaintiff was able to climb out of the vehicle and up the hill where he was spotted by a hitchhiker who rendered aid and telephoned for emergency help.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that defendant's excess speed entering the turn was the sole cause of the accident. His wife, Catherine Rice, made a claim for loss of consortium.

DEFENDANT'S CONTENTIONS:
Defendant contended that there was gravel on the roadway which caused him to lose control.

Specials in Evidence

Plaintiff was unable to return to work until a few months after the accident.

Injuries

Plaintiff suffered a fracture at C6-7 which required an anterior fusion with implant of plate and screws.

Result

The case settled for $780,000.

Other Information

The primary carrier was Allstate, which paid their policy limits of $250,000. The excess carrier, Federal Insurance Company, paid an additional $530,000.