A $1,000,000.00 policy limit settlement for client who suffered permanent brain damage in a car accident. Client had been in a roll over car accident and was awaiting rescue when a tow truck driver, ignoring obvious signs of danger passed at least four other cars stopped because of the accident and travelling at 45-50 mph slammed through the driver's side of the overturned car before the client could escape.

Plaintiff's Medical Expert Witnesses: Nancy E. Markel, PhD.; Walter W. Strauser, M.D.; Robert Hall, Ph.D.

Plaintiff's Technical Expert Witnesses:
Robert B. Post, Ph. D. (Human Factors)
Steven Blewett, P.E. (Accident Reconstruction)
Peter R. Francis, Ph.D. (Biomechanical)
Jesse Enriquez (Tow Truck)
Doreen Casuto (Life Care Planner)
Roberta Spoon, CPA (Economist)

Defendant Insurance: RLI Insurance

Date, Time and Place of Incident(s): June 16, 2003; South Center Parkway, San Diego County

Facts and Background:  
Shortly after 9:30 p.m. on Monday, June 16, 2003, Stephen and Rocky Donsanouphit were passengers in a Honda Civic driven by Tony Vorachack. The three friends were traveling south on Centre City Parkway, preparing to merge onto southbound Interstate 15. But, Tony unexpectedly lost control and the Honda veered into the vegetated center median, struck a sprinkler head, and was thrown into a lateral rollover down an embankment towards the northbound lane of Centre City Parkway. During the rollover, Rocky was ejected from the backseat and tossed into bushes in the center median. When the vehicle came to rest, it was on its wheels, but facing west in the number one lane of northbound Centre City Parkway. Amazingly, Stephen and Tony remained seatbelted during the rollover and were virtually injury-free. Aside from being slightly dazed, Rocky also escaped injury. In the moments that passed, several northbound vehicles avoided and passed the Honda without incident. At least two motorists stopped on the right shoulder of the northbound roadway in order to help Stephen and Tony. Meanwhile, four to six other motorists came to a stop in the No. 2 northbound lane. Despite the obvious alerts of danger, Mr. Goring, a tow truck driver employed by Rancho Bernardo Towing, continued driving 45 to 50 mph in the No. 1 northbound lane. Mr. Goring's tow truck slammed through the driver's side of the Honda before Stephen could escape. The blow crumpled the Honda, including the roof that collapsed onto Stephen's head. Stephen sustained life threatening skull fractures and brain injuries.

Plaintiff's Contentions, Allegations:
Mr. Goring disregarded obvious signs of danger and instead passed at least four 'Looky Lous' and two additional cars that stopped in order to render assistance to the occupants of the Honda. The tow truck driver denied that any other vehicles were on the roadway. Instead, he told the police that one vehicle stopped on the right shoulder. The tow truck driver further claimed that he was distracted by an individual waving a flashlight near the vehicle that stopped on the shoulder, while a second individual was running from the right shoulder towards the No. 1 lane. Neither of these individuals were identified by the investigating police officers. More importantly, an eyewitness, who was the first motorist to stop on the right shoulder, vehemently denied Mr. Goring's purported recollection. However, the police officers failed to document the eye witness' observation of a second vehicle stopped on the right shoulder and four to six other motorists stopping in the No. 2 lane of the traffic.

Injuries and/or Damages:
Stephen suffered a complex, depressed skull fracture and severe left-sided brain injury. These injuries prompted three surgeries and cast Stephen into a coma for nearly two months. His physicians initially described him as ?not salvageable? but later marveled at his recovery. Nevertheless, he was hospitalized for four months. His brain injuries required extensive physical, emotional and cognitive therapy. Unfortunately, the injuries are irreparable. Before this horrifying collision, Stephen enjoyed socializing with friends, going to the movies, lifting weights, exercising, playing basketball, and snow boarding. More importantly, he loved sharing time with his parents, younger sister, younger brother, and extended family. He also worked as a laptop computer assembler for Sony. Stephen aspired to attend college and, ultimately, to pursue a career in computer technology. Needless to say, his lifestyle, relationships, and dreams were destroyed when defendants' tow truck crushed into the Honda. Stephen 'and his family' have also been economically devastated by defendants? negligence. He incurred hundreds of thousands of dollars of medical expenses, will require constant care and assistance for the rest of his life, and will never work again.

Defense:
Defense counsel relied solely on Mr. Goring's purported recollection and, therefore, completely disputed any liability. The defendants claimed Mr. Goring was distracted by the flashlight-waving pedestrian and the second individual running across the roadway.

Specials:
PAST MEDICAL: $622,945.84
FUTURE MEDICAL: $2,939,255.00 - $3,430,123.00
LOST EARNINGS $880,119.00

Settlement Amounts:
Although Stephen's economic damages exceeded $1,000,000.00, this matter settled for the limits of the insurance policy, $1,000.000.00.

Attorney for client: Kevin F. Quinn and Steven C. Vosseller

Attorney for defendant: James D. Fraser, Esq. Judd A. Gilefsky, Esq. Lewis Brisbois Bisgaard & Smith LLP

Individual Defendants:
A $1,000,000.00 policy limit settlement for client who suffered permanent brain damage in a car accident. Client had been in a roll over car accident and was awaiting rescue when a tow truck driver, ignoring obvious signs of danger passed at least four other cars stopped because of the accident and travelling at 45-50 mph slammed through the driver's side of the overturned car before the client could escape.