John and Kristi D. were visiting California from Utah. Kristi was driving a truck on CA-160 with her husband, John, riding in the front passenger seat of their car. Defendant Jaswinder Singh was driving a commercial vehicle on the opposite side of the freeway. Suddenly, the two vehicles collided head on with each other.
Plaintiffs alleged that Defendant Jaswinder crossed over the double yellow lines and collided with them.
Defendant Jaswinder S. disputed liability and the plaintiffs’ version of the accident. Defendant claimed that the plaintiffs lost control of their vehicle, careened off of the retaining wall, and traveled into the lane that he was traveling. Defendant produced a witness that corroborated his version of events.
Plaintiffs was able to establish that the Defendant’s version of the incident was not consistent with the forensic evidence.
Injuries/Damages
John D. was diagnosed with a fracture of the right femur, a fractured rib, and fracture of the right tibial plateau. John underwent multiple surgeries, including the implantation of screws and bolts to repair his femur, a percutaneous fixation of the right bicondylar tibial plateau fracture, and an irrigation, debridement and closure of the right elbow wound.
Kristi D. was diagnosed with injuries including, but not limited to, fractures to her left femur, left humerus, right hip with dislocation, five bilateral ribs, right patella, pelvis and foot. Kristi underwent a surgical reduction of the right hip dislocation and pin placement of the right femur.
Both John and Kristi D. l underwent intensive rehab therapy for an extended period of time.
Result
Defendant Jaswinder agreed to full policy limit settlement of $1 million. Plaintiffs possessed underinsured motorist coverage through a Utah automobile insurance policy that allowed for stacking of policies. Plaintiffs recovered an additional $200,000 through the underinsured claim, for a total of $1,200,000.