Plaintiff, a motorcyclist, alleged severe injuries, with likely below the knee amputation of his right leg and foot. Plaintiff was splitting lanes between slow moving traffic on Ventura Boulevard during rush hour. When traffic stopped to allow Marsh employee, defendant Bamburger to make a left turn into a driveway, plaintiff struck the front end of the Bamburger vehicle and careened off toward the curb, pulling Bamburger’s bumper with him. Plaintiff settled with Bamburger’s primary carrier, AAA ($100,000.00) with Bamburger’s excess carrier, CAN ($1,000,000.00) and with Bamburger personally for the gap between primary and excess ($150,000.00.) Plaintiff indicated his demand to Marsh would be a significant portion of its $50,000,000 policy. The court granted summary judgment in favor of our client Marsh USA, Inc., finding that Bamberger was not in the course and scope of her employment at the time of the incident, and therefore, vicarious liability did not attach to Marsh. (Plaintiff is appealing as of this entry, 2014.)
