Facts

On Jan. 4, 2008, defendant Alvaro Garcia was driving a tractor owned by defendant Manuel Tovar under contract with MSTL Inc., and hauling an empty trailer on northbound Interstate 5. He was in route to Bakersfield when he lost control of the tractor-trailer, swerved and hit the left side of a concrete overpass ridge wall, knocking loose the guard railings.

Plaintiff claimed that a railing fell below to the intersecting I-5 southbound traffic in front of his pickup truck. He could not stop in time and hit the guardrail, causing him to lose control of his vehicle and forcing him to the shoulder, resulting in his injuries and damages.

Defendant Garcia testified for the first time at trial that his truck slid from the number three land to the number two lane and never hit the bridge wall.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that Garcia was driving faster than prudent at 55 mph in the rain when he lost control of his vehicle, knocking a guardrail into the lower bound southbound lanes.

DEFENDANTS' CONTENTIONS:
Defendants admitted in closing that Garcia lost control and hit the bridge, but claimed that whatever metal object plaintiff struck did not come from the bridge. A Caltrans inspector found the railing that had been knocked loose adjacent to the bridge later that afternoon. Plaintiff's accident occurred approximately 20 minutes after the truck collision with the overpass. Therefore, defendants contended it was highly unlikely that the metal object plaintiff hit was an object dislodged from the bridge and most likely was a pipe dropped by a southbound truck that plaintiff was following.

Settlement Discussions

Plaintiff demanded $1 million before trial, which was reduced to $750,000 at the time of trial. Plaintiff asked the jury for $2 million. Defendants offered $125,000 at the time of trial. Plaintiff waived his claim for all economic losses at trial and requested only general damages.

Injuries

Plaintiff claimed that he was fully recovered from a prior lumbar laminectomy in April 2007, but that the accident aggravated his condition. In addition, plaintiff claimed the accident caused herniations at the C4-5, C5-6, and C6-7 resulting in anterior cervical disc fusions. In May 2009, the first fusion failed; he underwent a second cervical fusion in Oct. 2010. Plaintiff claims that he cannot engage in any athletics; that he has constant pain; and that he cannot be sedentary for significant periods. Defendants claimed that plaintiff had a long-standing history of cervical and lumbar disc degeneration. The accident and trauma did not significantly aggravate the pre-existing condition so as to result in the two surgeries but that the cervical fusions and lumbar disc herniations were the result of natural progression of pre-existing discogenic disc disease.

Result

$75,000 as to all defendants.

Deliberation

five hours

Poll

10-2

Length

eight days