Facts

Plaintiff Jesse Equihua, a 58-year-old truck driver, was driving on West Avenue D, in Lancaster, when his truck was stuck by another vehicle while he was attempting to proceed through the intersection at 60th Street West. The other vehicle was driven by Shayna Nash, who was traveling on 60th Street West. The impact caused Equihua's truck to roll until it came to rest on its side, leaving Equihua suspended by his seatbelt. Equihua sued Nash and the owner of Nash's vehicle, Marilyn Chausse.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that Nash was negligent in the operation of her vehicle and that Chausse was vicariously liable for Nash's actions. Plaintiff further alleged that Chausse was negligent for entrusting the vehicle to Nash because Chausse should have known that Nash was an unfit driver. Plaintiff also contended that Nash ignored a stop sign because she was talking on a cell phone.

DEFENDANTS' CONTENTIONS: The court struck defendants' answer to the complaint and were precluded from introducing evidence.

Damages

Plaintiff sought recovery of past and future medical costs, and damages for past and future pain and suffering. Plaintiff's wife sought recovery for past and future loss of consortium.

Injuries

Plaintiff suffered a traumatic brain injury and claimed that he also suffered herniations of his C2-3, C3-4, C5-6, C6-7, L1-2. L2-3, L3-4, L4-5, and L5-S1 intervertebral discs. Plaintiff underwent fusion at the L4-5 level, with a right L5-S1 hemilaminotomy. Plaintiff's physicians believe that plaintiff will require three more surgeries to his spine, and the implantation of a neurostimulator. Plaintiff's physicians further believe that plaintiff will require a lifetime of care as a result of his traumatic brain injury.

Result

The jury determined that plaintiff's damages totaled $129,171,113.

Other Information

The case was tried as a default prove-up hearing.