Facts

Aaron Daniel Castro, 14, was crossing a San Jose street with a friend when he was struck by a car driven by Daniel Matthew Soto. Soto did not stop but went home where his wife advised him to return to the scene. He obliged and was not charged with a hit and run felony. Castro, who was injured, sued M Auto West Corporation and Tammy and Daniel Soto for negligent operation of a motor vehicle, and vicarious liability.

PLAINTIFF'S CONTENTIONS:
The plaintiff argued the Sotos obtained the car earlier in the day from M Auto Center West and that the staff mistakenly did not transfer ownership to Tammy Soto, and that M Auto's insurance carrier insured Soto as a permissive user for their $1,000,000 limits.

DEFENDANTS' CONTENTIONS:
M Auto Center West argued that the insurance policy covered only permissive users of the car, and not customers. The plaintiff countered by arguing that Daniel Soto was considered a permissive user of the car, since he did not buy it and wasn't a customer, and that he should have been covered under the insurance policy.

Specials in Evidence

The plaintiff sought $87,000 in past medical expenses, and up to $30,000 in future medical expenses, as well as unspecified damages for past and future pain and suffering.

Injuries

Aaron Castro broke his left femur at the knee joint, as well as his pelvis. This required two surgeries, one involving arresting the growth plate in both knees to ensure his right left would not grow longer than the left. Aaron could not walk for two months and needed six months of rehabilitation. He was also unable to play football or any other contact sports. He allegedly needed to have future surgery and that he was shorter than he was supposed to be.

Result

During the first day of trial, the judge entered a $750,000 stipulated judgment with the understanding that plaintiff would pursue M Auto Center West's insurance $1 million policy, arguing that Soto was a permissive user and not a customer. Aaron also recovered $50,000 from settlement agreements with Tammy and Daniel Soto's insurance carrier, as well as $15,000 from the Clarendon policy with M Auto Center West.