Facts

On July 23, 2018, Lorenzo Lagunas, a truck driver for Western Express, Inc. began a series of local deliveries in the course and scope of his employment with Western. Late morning, he was dispatched to pick up a load in Redlands, and deliver it to Colorado. Instead of driving to Colorado, Lagunas drove the load back to Western's Bloomington yard, unhooked the load, and left the yard with the "bobtail" tractor, with Western's express permission, presumably to run personal errands. On his way back to the yard, Lagunas was driving erratically. He was involved in one hit-and-run collision, then a second hit and run collision, then finally rear-ending 5 more vehicles, all stopped at a red light, Plaintiff Anthony Wooten being a driver of one of those vehicles. Plaintiff Wooten sustained injuries mostly to his left shoulder and lumbar spine.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that Lagunas was negligent, and that Western was vicariously liable for Lagunas' conduct since he was in the course and scope of his employment. Plaintiff also contended that Western was independently liable for negligently hiring, training, supervising, and entrusting Lagunas with the vehicle due to his poor safety and driving record. Plaintiff contended that Western instructed their hiring department to ignore safety risk scores for all drivers nationwide, including Lagunas.

DEFENDANTS' CONTENTIONS: Defendant Lagunas contended he had a history of drug addiction and mental health issues, was not blameless and accepted responsibility. However, defendant Lagunas also argued that plaintiff left the scene on his own without an ambulance, only seeking further medical care after hiring an attorney. Defendant Western Express contended that Lagunas was not in the scope of his employment with Western Express at the time of the incident, and that it did not negligently hire, retain, or supervise Lagunas. Both defendants disputed the nature and extent of Plaintiff's claimed injuries and damages.

Damages

Plaintiff sought punitive damages against Lagunas and Western Express. Plaintiff asked the jury for approximately $19 million in compensatory damages.

Result

After a 13-week jury trial, verdict was rendered for $2,757,114.60; $1,757,114.60 in compensatory damages, $1,000,000 in punitive damages against Lorenzo Lagunas. The jury found Lagunas was in the course and scope of employment, that Western was independently negligent, and on apportionment 30% fault to Western, 70% to Lagunas.

Other Information

Consolidated with: CIVDS2015430