Facts

Plaintiff Jose Jimenez, a 32-year-old jet mechanic, was struck by a luggage tug operated by Carlos Badio, an employee of Swissport SA LLC, an airport contractor.

PLAINTIFF'S CONTENTIONS: Plaintiff claimed Badio was operating the tug at an excessive speed and driving under the Jet Bridge in violation of the FAA regulations. Plaintiff was struck while he was waiting near the jet bridge for the Aero Mexico flight arrival so that the jet mechanics could work on the airplane.

Plaintiffs claimed that defendant Swissport and Carlos Badio were negligent and that their negligence caused injuries to plaintiff.

DEFENDANT'S CONTENTIONS: Defendant Swissport admitted liability and vicarious liability but argued plaintiff was 50 percent comparatively negligent.

Insurer

Allianz Insurance.

Settlement Discussions

Plaintiff made a CCP 998 demand of $5 million. Defendant made a CCP 998 offer for $100,000.

Specials in Evidence

Meds: $261,000 Loe: $186,500 Future Loe: $411,000 Future Meds: $291,000

Injuries

Plaintiff suffered mild traumatic brain Injury, and knee and spine injuries.

Result

The jury returned a verdict in favor of plaintiffs for $2,716,500, which comprised of $486,500 in past economic damages, $830,000 in future economic damages, $400,000 in past non-economic loss, including physical pain/mental suffering and $1 million in future non-economic loss, including physical/mental suffering.

Deliberation

1.5 days

Poll

12-0

Length

19 days