Facts

Plaintiff Tom Madrid, a cement truck driver, was involved in a motor vehicle accident with a big rig truck driven by defendant, Rudy Carlos Bambico. Bambico was employed by defendant Frank C. Alegre Trucking Inc.

Plaintiff alleged Bambico fell asleep behind the wheel and that Bambico hit plaintiff's cement truck. Defendant contended plaintiff failed to mitigate damages.

The parties stipulated that defendant was at fault but disputed the nature and extent of plaintiff's injuries.

Injuries

Plaintiff claimed injury to his head and back.

Result

Verdict of $3,409,898 ($9,898 past medical; $180,000 future medical; $250,000 past lost earnings, $1,070,000 future lost earnings; $500,000 past non-economic loss; $1.4 future non-economic loss; costs of $344,085). The jury found plaintiff failed to mitigate damages so that the total award was offset to $2,689,898.

Other Information

FILING DATE: Sept. 21, 2005.

Length

three weeks