A prelitigation settlement of $2,597,500.00 for a car accident case. Interesting facts and liability. Defendant Karma backed his car out of his driveway into traffic causing a Winnebago driven by defendant Abernathy to swerve into oncoming traffic and ram our client's car. Our client and his family were returning from Thanksgiving vacation at the time of the accident. Injuries incurred by our client included massive closed head trauma and permanent disability.

Defendant Insurance:
For Defendant Karma - AllState Insurance Co.
For Defendant Abernathy - GMAC Insurance Co.

Facts and Background:  
On November 27, 2004 the Derbes family was driving home to San Diego after spending the Thanksgiving weekend in Palm Springs. Dan, his wife Patricia and two adult children, Donna Vanzile and Steve Derbes traveled in the vehicle together. Directly behind them, were Donna's husband and two children. Suddenly, as they approached the intersection of Highway 76 in an unincorporated area of Hemet, California, a Winnebago, driven by defendant Abernathy, lost control after swerving to avoid another vehicle, driven by defendant Karma, and t-boned the Derbes family's car. After the collision, Dan, along with his wife and children were rushed by ambulance to the local hospital.

Plaintiff's Contentions, Allegations:
This was a case of catastrophic injury to plaintiffs, Dan and Patricia Derbes. Insurance coverage for defendant Abernathy was only $100,000.00. Plaintiffs' medical bills alone, exceeded $600,000.00. Plaintiffs contended that defendant Karma, who pulled out of a blind driveway, caused the Winnebago to lose control and strike the Derbes family vehicle. Defendant Karma's vehicle was clipped by the Winnebago before losing control, and plaintiffs contended that but for defendant Karma's conduct the Winnebago would not have lost control and injured plaintiffs. Defendant Karma carried a $500,000 insurance policy with a $2 million dollar umbrella policy.

Injuries and/or Damages:
Dan Derbes' Injuries Dan Derbes sustained severe orthopedic injuries, as well as closed head trauma. All told, Dan underwent two major surgeries, 14 other invasive procedures, and spent 3 _ weeks of a 5_-week hospitalization in the intensive care unit. Thereafter, Dan underwent acute rehabilitative nursing care and occupational, physical, and speech therapy. The primary concern in Dan's rehabilitation was treatment for the head trauma he sustained which was complicated by organic brain syndrome with extrapyramidal features. Essentially, Dan suffered from stroke-like symptoms including slurred speech, tremors and shaking, and difficulty ambulating and controlling body movement. Although his condition steadily improved, he continued to suffer severe hearing loss and significant cognitive impairments. On February 10, 2005 -- nearly 2.5 months after the collision -- Dan was finally released from the hospital. Since then, Dan has continued his struggle towards recovery, but unfortunately he'll never regain his former health. Dan still requires home healthcare to this day and will continue to need such care for years to come. His challenges include difficulty walking, left hand weakness, hearing loss, speech impairment, and severe foot pain. Patricia Derbes's Injuries Dan's wife, Patricia, was seatbelted in the front passenger seat of their car. She suffered blunt chest trauma, atrial fibrillation (rapid, irregular heartbeat), and abdominal trauma that prompted her admission to Inland Valley Medical Center. Physicians soon discovered internal bleeding, which required an emergency surgical repair. After an 8-day hospitalization, Patricia was discharged to Country Villa Rehabilitation, a skilled nursing facility. She was finally able to return home in January 2005. Patricia orthopedic-related injuries have resolved, however, she continues to suffer from depression due to the devastating impact the collision had on her husband's health. Additional Plaintiffs Plaintiffs, Steve Derbes and Donna Vanzile were both treated and released at the emergency department on the date of the collision. Both Steve and Donna continued to suffer from the emotional pain and trauma of witnessing the significant injuries sustained by their parents as well as by the resultant care and support Steve and Donna must continue to provide to their parents to this day. Although not named as plantiffs, Donna Vanzile's husband and two children witnessed the horrible collision involving their family as they traveled directly behind the Derbes vehicle. Had this matter not been resolved prior to filing suit, they too would have been named as additional plaintiffs for the emotional distress they each suffered from witnessing the traumatic collision involving their close family members.

Defense:
Defendants disputed the comparative fault as to each. No claim or defenses were made as to any comparative fault of Plaintiffs. Plaintiffs' counsel postured settlement negotiations so as to pressure the excess carrier (with $2.5 million coverage) to pay policy limits in light of claims their insured's comparative fault was below 50%.

Demand:
Plaintiffs claimed medical specials in excess of $650,000.00 and lost earnings/earning capacity in excess of $750,000.00. Plaintiffs made a full policy limits demand

Settlement Amounts:
Policy limits were $2.6 million. Plaintiffs received a prelitigation settlement of $2,597,500.00 ($2,500 offset for payments made to passenger in one defendant vehicle)

Attorney for client: Vincent J Bartolotta, Jr. and associate Brett J. Schreiber

Attorney for defendant:
For Defendant Karma: Jay McCaugherty, McClaugherty, Mulder & Keidel
For Defendant Abernathy: Wally Dingman, Kulte & Newton

Individual Defendants:
A prelitigation settlement of $2,597,500.00 for a car accident case. Interesting facts and liability. Defendant Karma backed his car out of his driveway into traffic causing a Winnebago driven by defendant Abernathy to swerve into oncoming traffic and ram our client's car. Our client and his family were returning from Thanksgiving vacation at the time of the accident. Injuries incurred by our client included massive closed head trauma and permanent disability.