Auto v. Truck- $300,000.00

Plaintiff, a three year old boy, was injured while his mother was driving east on the 91 freeway. The vehicle in front of them stopped suddenly and the Defendant rear-ended their vehicle, causing the plaintiff to be ejected from the car seat in which he was riding. Plaintiff contended that defendant was driving too fast for the conditions. Plaintiff argued that there was no comparative liability by the Plaintiff’s mother because the child had been secured in the car seat, and the alleged incorrect positioning of the car seat was not related to the injury. The Defendant argued that the sudden unnecessary stopping of the vehicle in front of the Plaintiff’s was responsible for the multi-vehicle collision. The plaintiff’s car seat was a rear facing infant seat that had been placed in the forward facing position, and Plaintiff exceeded the weight and size specifications. Defendant contended that the child’s weight and the incorrect positioning of the car seat caused the ejection and head injury. The plaintiff claimed a head injury, requiring surgery and residuals of slight hyperactivity consistent with frontal lobe injury.

The results of every case is dependent upon the specific facts of the case and the results will differ if based on different facts.