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Personal Injury (Vehicular)
Premises & Product Liability
Rollover

Israel Echevarria v. Subaru of America, Inc.; Fuji Jukogyo Kabushiki Kaisha dba Fuji Heavy Industries, Ltd., et al.

Published: Oct. 14, 1995 | Result Date: Sep. 20, 1995 | Filing Date: Jan. 1, 1900 |

Case number: 126806 –  $2,800,000

Facts

On August 7, 1992, Plaintiff Israel Echevarria, an 18-year-old student, was an occupant in a rear-facing seat in the cargo bed of a Subaru Brat driven by Defendant Nathan Stephens and manufactured by Defendants Fuji/Subaru. As the Brat proceeded westbound on Teal Club Road in the City of Oxnard, the Plaintiff distracted the driver; the driver allowed the vehicle to go out of control and enter a drainage ditch next to the roadway. Plaintiff was ejected and sustained serious injuries. A prior owner had removed the rear seat belts. The driver and front seat passenger were uninjured. Defendant landowner settled out for $50,000.

Settlement Discussions

Plaintiff contends he demanded $9,000,000 from Fuji/Subaru and $800,000 increased to $2,000,000 from City of Oxnard; Fuji/Subaru made no offers and the City of Oxnard offered $100,000 increased to $1,200,000.

Specials in Evidence

$400,000 $1,000,000 $4,000,000 to $5,000,000

Injuries

Head trauma and coma resulting in moderate brain damage with disuse of the lower legs; above-the-elbow amputation of his left arm due to an infection acquired while in a coma for 2 months.

Deliberation

4 days (liability), 3 days (damages)

Poll

10-2 on both liability and damages

Length

4 months


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