Facts

Jorge Vasquez was driving his pick-up truck approximately 5 mph as he was slowing to make a left turn on a driveway when he was rear-ended by a van operated by Jose Flores-Arenas who was driving approximately 25 mph. Vasquez claimed injuries to his head, brain, and back. He sued Atkins Nursery, Flores-Arenas' employer, and Victor Gonzalez, the owner of the nursery.

Vasquez alleged vicarious liability for Flores-Arena's negligent operation of a vehicle since he was rear-ended during the course and operation of Flores-Arena's employment. He claimed Flores-Arenas was inattentive to traffic, causing the collision resulting in his injuries.

Defendants admitted liability, and the matter proceeded to trial on causation and damages.

Settlement Discussions

Defense offered $400,000. Plaintiffs would not accept insurance policy limits of $750,000.

Damages

Vasquez sought the stipulated amount of $47,488 for past medical costs, $1.1 million for future medical costs, and more than $2.6 million for past and future pain and suffering. Defendants disputed the causation and scope of his claims and argued that all X-rays and an MRI of his brain were negative, and his orthopedic injuries were not severe.

Injuries

Vasquez was taken to the emergency room by ambulance following the accident. He suffered a mild traumatic brain injury as a result of his head hitting the "B" pillar of his truck during impact. This was confirmed by several specialists and a PET scan. He also claimed ongoing soft-tissue injuries to his lower back. He claimed to have continued chronic headaches, forgetfulness, suicidal ideation, and permanent cognitive defects due to the accident.

Result

The jury awarded Vasquez $179,488 in damages which included the stipulated amount for past medical costs, $57,000 for future medical costs, $50,000 for past pain and suffering, and $25,000 for future pain and suffering.

Deliberation

two hours

Length

eight days