This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Feb. 15, 2017

Top Plaintiff's Verdict by Dollar: Solorio v. Nissan of Fontana, $46 million

See more on Top Plaintiff's Verdict by Dollar: Solorio v. Nissan of Fontana, $46 million
Mark P. Robinson Jr.

In 2013, a man stopped to fill his tank with gasoline on the freeway shoulder and was hit by another car driven by someone who worked for a Nissan dealership.

Mark P. Robinson, Jr., founder and sole shareholder of Robinson Calcagnie Inc., represented Faustino T. Solorio, who lost his leg from above the knee as a result of being crushed in the incident.

"Think about all the things you do with your leg," Robinson said. "Think about if you were missing your leg. Would you be proud of that? Would you be embarrassed? Would you be concerned? Or would that be something you focus on every day of your life?"

The hurdle in the case was whether or not Gunnar Ayala, the man who hit Solorio and was 18 years old at the time, was in fact an employee or an agent of Nissan of Fontana.

According to Robinson, Ayala's father, Louie Ayala Jr., arranged courier services to work with and deliver parts between Nissan of San Bernardino and Metro Nissan of Redlands. He said that Ayala worked with his father for Nissan of Fontana as a parts delivery driver and used his father's vehicle to do so.

He added that Ayala's father testified that his son was not an employee of the dealerships, was not delivering parts and was in fact driving home at the time he hit Solorio.

"We were able to prove that if he had been going home he would've been going in the opposite direction," Robinson said. "We were able to prove under the law of California, through the way he was doing things, that he was an agent of both of those dealerships ... Maybe not an employee but an agent."

Robinson added the San Bernardino Superior Court jury used approximately an hour and a half to deliberate their decision and found that he was an agent, 12-0.

The jury, presided over by Judge Wilfred J. Schneider Jr., awarded Solorio $2 million in economic damages and future medical bills. They also gave $44 million for his future pain and suffering.

Robinson said he knew his client would need orthotic appointments, a prosthetic device and many more of them over the years.

"Basically, I realized the way to focus the case properly was to focus on future pain and suffering," Robinson said. "That was the biggest part of the case. His future was going to be horrible for the next 30 years."

Robinson said that although "money can't replace [my client's leg], at least the jurors tried to take care of him the best they could."

— Renee Flannery

#340177

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390

Send a letter to the editor:

Email: letters@dailyjournal.com