Facts

On Dec. 28, 2008, Kenneth Gonsalves, 53, was the backseat passenger in a BMW M3 convertible, driven by Ran Li. Gonsalves was a car salesman for BMW, and Li was test driving the car. However, while turning onto a freeway ramp, Li hit a guard rail. Gonsalves sued Li.

PLAINTIFF'S CONTENTIONS:
Gonsalves argued that Li had been driving negligently, because he had accelerated into a turn at an unsafe speed and hit a guardrail.

DEFENDANT'S CONTENTIONS:
Li claimed that he lost control of the vehicle because he had been listening to Gonsalves, who had told him to hit the "M" button. The M button calls up a variety of features, and in this case, caused Li to lose control of the vehicle.

Injuries

Gonsalves treated his injuries with physical therapy and medication. He was later diagnosed with cervical disc bulges, which required single disc replacement surgery.

Result

The jury found that Li was negligent and awarded Gonsalves $1,208,643 as follows: $118,643 for past medical cost; $90,000 for future medical cost; and $1 million for pain and suffering.

Other Information

INSURER: Farmers Insurance Group insured both defendants.

Deliberation

two hours

Length

nine days