Facts

Robert Dunlap sued Esurance, Folsom Lake Ford, and William Chapman, based on a single vehicle accident that occurred on Nov. 3, 2007.

Esurance settled with Dunlap, and Chapman was dismissed from the case, and the matter proceeded against Folsom only.

PLAINTIFF'S CONTENTIONS:
Plaintiff was towing a van with his pickup truck, using its A-frame tow bar. While driving, Dunlap lost control of his vehicle and veered into the center median. Before the accident, William Chapman, the truck's owner, had taken the vehicle to Folsom Lake Ford for service. He believed there was something wrong with the steering, but was told that nothing was wrong with the vehicle. However, when Dunlap was driving the truck, the steering locked up, causing an accident.

Dunlap sued Chapman, Folsom Lake Ford, and Esurance Property and Casualty Insurance Co. He claimed that Chapman had been negligent in maintaining the truck, and that Folsom had been negligent for failing to properly diagnose the car. He argued that Esurance breached its contract with Dunlap because it had destroyed the truck before it could be inspected after the accident.

Dunlap argued that the failing of four worn ball joints, which caused the truck's steering wheel to lock up, caused the accident. A former owner of the vehicle also testified that he had similar problems when he owned it. However, Folsom never disclosed the truck's history, or that there had been prior complaints about the steering. Dunlap claimed Folsom was aware of the problem when the car was taken it for service, but did nothing to address it.

DEFENDANT'S CONTENTIONS:
Folsom denied responsibility for the accident, arguing that it had not hid the vehicle's history and that it had been properly serviced.

Settlement Discussions

Dunlap requested $500,000 to settle, pursuant to CCP Section 998. Folsom offered $350,000 to Robert Dunlap, and $50,000 to Jessica Dunlap.

Damages

Dunlap requested $253,180 for past medical costs, $326,008 for past lost earnings, $42,000 for future medical costs, and $1,587,746 for future lost earnings. Dunlap's wife, Jessica, sought $500,000 for loss of consortium.

Injuries

Dunlap suffered three cervical fractures and a pulmonary contusion. He required emergency surgery, and was later diagnosed with Brown-Sequard syndrome.

Result

The jury determined that Folsom was entirely at fault for the accident, and awarded Robert Dunlap $6,976,926, and Jessica Dunlap $500,000, for a total of $7,476,926 ($11,461,412 actual).

Deliberation

seven hours

Poll

10-2 (negligence), 9-3 (causation)

Length

11 days