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Trials Digest's "Case of the Month"

46 Trials Digest 14th 26

Driver in stopped vehicle killed in rear-end collision

Type of Case:
Vehicle Negligence; Motor Vehicle v. Motor Vehicle; Vehicle Negligence;Rear-End; Vehicle Negligence; Parked/Stalled/Stopped Vehicle; Wrongful Death; Adult

Jurisdiction:
State: California
Court: Superior Court, Riverside County, California.

Case Name:
Zhang vs. Confidential

Docket/File Number:
RIC10007432

Judge:
Not Applicable

Trial Type:
Settlement

Settlement Date:
October 6, 2011

Settlement Amount:
$3,200,000

Attorneys:
Plaintiff: R. Michael Bomberger, Estey & Bomberger, San Diego; Stephen J. Estey, Estey & Bomberger, San Diego.

Defendant: Robert T. Bergsten, Hosp, Gilbert, Bergsten & Hough, Pasadena; Leslie Ann Keidel, Hosp, Gilbert, Bergsten & Hough, Pasadena; Michael A. Portigal, Osman & Associates, Redlands; Richard Scott, Osman & Associates, Redlands.

Experts:
Plaintiff: Jan J. Bejar, J.D., immigration attorney, San Diego.; Forrest E. Folck, auto mechanic, Motor Vehicle Forensic Service, San Diego, (619) 286-7939.; Richard A. Schmidt, Ph.D., human factors consultant, Exponent Failure Analysis Associates Inc., Marina del Rey, (310) 306-9630.

Defendant: Frederick B. Benson, J.D., immigration attorney, Pasadena.; Thomas F. Fugger Jr., P.E., accident reconstructionist, Accident Research & Biomechanics, Valencia, (661) 257-8189.; Robin T. Harrison, P.E., accident reconstructionist, Murphy & Harrison, Claremont, (909) 626-7442.; Steven Molina, Ph.D., vocational rehabilitation consultant, Workman Molina, Santa Ana, (714) 550-1271.; Anthony C. Stein, Ph.D., human factors expert, Safety Research Associates, La Canada, (818) 952-1500.; Ted Vavoulis, M.S., economist, Vavoulis & Weiner, Los Angeles, (213) 817-6600.

Facts/Contentions:
According to Plaintiff: On October 19, 2009, at approximately 3:30 a.m., plaintiff's decedent's vehicle was stopped in the No. 1 lane of westbound I-60 without any emergency flashers (or any lights on at all) when defendant struck plaintiff from behind, killing plaintiff's husband. Plaintiff alleged that defendant was traveling too fast for the conditions and, as a result, was unable to avoid plaintiff's decedent's vehicle.

Defendant contended that decedent caused the collision because he stopped his vehicle on the freeway in violation of Vehicle Code 21718, did not activate his emergency flashers, and turned off his headlights. Defendant further contended that decedent intentionally put his vehicle into park, removed or was not wearing a seatbelt, did not put any flares around his vehicle, and that he stopped in a dark and foggy area where there were no streetlights. Defendant also contended that decedent should have steered his vehicle over to the shoulder or, alternatively, exited his vehicle and walked over to the shoulder.

Claimed Injuries:
According to Plaintiff: Death.

Claimed Damages:
According to Plaintiff: Not reported.

Settlement Discussions:
According to Plaintiff: Demand: $6,000,000 (policy limits); Offer: $250,000.

Westlaw Citation:
2011 WL 5391576

Trials Digest Citation:
46 Trials Digest 14th 26