Facts

Defendant Raul Nunez, a salesman working for defendant I-10 Toyota, drove prospective customers in a pickup truck off of the car lot. While driving, the pickup truck collided with a motorcycle ridden by plaintiff Daniel McGettigan.

Plaintiff was driven to the ER and was released with a finding of multiple contusions and no fractures. All tests were negative. Plaintiff returned to work the day after the accident, but then took two weeks off and returned to the ER on Sept. 4, 2004 with headache and nausea. Plaintiff also had findings of liver dysfunction and was diagnosed an alcoholic. Subsequent MRI's revealed problems in lumbar and cervical discs. Plaintiff complained of memory and mental focus problems along with depression. He left his employment on Nov. 22, 2005. Plaintiff was subsequently arrested for spousal abuse and pled guilty.

McGettigan sued Nunez and I-10 Toyota for negligence and vicarious liability.

PLAINTIFF'S CONTENTIONS:
The plaintiff maintained that Nunez should have avoided the collision, and that there was insufficient time to stop or avoid the defendant. The collision caused several injuries, which resulted in severe depression and abnormal abusive behavior.

DEFENDANTS' CONTENTIONS:
The defendants maintained that Nunez stopped in the west-bound lane of Varner Rd, and plaintiff should have seen and avoided the collision. The defendants asserted that the medical testing revealed no positive findings. Plaintiff had been arrested before the accident for spousal and alcohol abuse.

Injuries

McGettigan claimed multiple contusions, headaches, nausea, lumbar and cervical disc issues, and mental problems.

Result

The jury found the defendants were 100 percent liable for the accident and awarded the plaintiff $943,000. Plaintiff agreed to a settlement of $890,000.

Deliberation

one hour

Poll

12-0 (defendant's negligence), 10-2 (damages)

Length

five days