Facts

Plaintiff Garcia was driving a tractor hauling two trailers. He was attempting to use a median left turn lane to turn across multiple lanes of oncoming traffic. It was extremely foggy at the intersection and he turned after seeing several cars pass. An oncoming tractor trailer hit the plaintiff's second trailer. Plaintiff's accident reconstructionist testified that the speed at impact was 35 miles per hour. The Plaintiff's tractor was drivable after the collision.

PLAINTIFF'S CONTENTIONS: Plaintiff claimed that the defendant driver's employer negligently hired, retained, and employed the driver. The employer ignored several violations in the Defendant Driver's record, and failed to give the Defendant Driver any training whatsoever about operating the tractor trailer. The Defendant Driver was negligent in operating the tractor trailer, which caused harm to the Plaintiff.

DEFENDANT'S CONTENTIONS: The employer defendant denied that they were responsible for training the Defendant Driver. The Defendant Driver denied he was negligent in operating the vehicle. There was dense, heavy fog at the intersection of State Route 198 and Second Avenue. Because of the fog limiting visibility, Plaintiff testified that he could not see the defendant driver as he was driving on eastbound State Route 198, however, Plaintiff nevertheless executed a risky left turn from westbound State Route 198. Defendant driver clipped the rear portion of the second trailer that Plaintiff was pulling. Defendant contended that Plaintiff was at fault for failing to yield to oncoming traffic. In addition, the impact's effect on Plaintiff was minimal given that 90% of the force was dissipated, according to defense biomechanics and human factors experts. The lack of specialized training for driving in the fog was not material because the driver had previous professional trucking experience in operating tractor-trailer rigs through disparate meteorological conditions, including the Tule fog characteristic of the Central Valley

Specials in Evidence

Meds: $187,936 Loe: $80,000 Future Loe: $80,000 Future Meds: $1,620,060

Damages

Plaintiff also claimed he suffered emotional distress and lost wages as a result of the collision.

Injuries

Plaintiff suffered injury to his spine. He required chiropractic care, physical therapy, one epidural, a cervical fusion, and a trial placement of a spinal cord stimulator.

Result

Gross Verdict: $5,367,996; Net Verdict: $5,367,996 Award as to each Defendant: 10% Defendant Ryan Freitas, 90% Defendant Shannon Bros. Co. Contributory Negligence: None Economic Damages: $1,967,996 Non-Economic Damages: $3,400,000

Deliberation

One day

Length

10 days