Facts

On Sept. 25, 2003, Mr. Joaquin Borrayo, a truck driver for Walsh Vineyards Management, loaded twelve empty wine gondolas onto defendant’s flatbed trailer for transportation from one vineyard to another. Mr. Borrayo failed to secure one on the gondolas to the trailer. Late at night, Mr. Borrayo was traveling southbound on Highway 121 when the unsecured gondola fell off the trailer and came to rest in the middle of the unlit highway without Mr. Borrayo’s notice.

More than six minutes after Mr. Borrayo lost the wine cart, plaintiff Philippe Catherine was driving his Honda hatchback southbound in the same location. He collided with the gondola and ricocheted into oncoming traffic, crashing head-on into an oncoming Buick.
The driver of the Buick, DiMaria, sued both Walsh Vineyards and Mr. Catherine.

Mr. Catherine cross-complained against Walsh Vineyards for negligence per se, contending that the violation of the vehicle code was a substantial factor in causing plaintiff's injuries. Mr. Catherine was unconscious as a result of the collision and had no recollection of whether his seat belt was fastened. Walsh Vineyards claimed that plaintiff's seat belt was not fastened. Mr. Catherine refuted this claim through expert opinions.

Specials in Evidence

$150,000; $20,908; $20,700. $66,520;

Damages

Home health care services; $7,500; property damages, $3,800;

Injuries

Mr. Catherine suffered a collapsed lung, multiple rib fractures, torn ligaments and severe cosmetic damages, including major facial and neck scarring. Mr. Catherine also claimed damages for future reconstructive surgery. As a result of his appearance and decreased ability to perform in his sales career, Mr. Catherine was unable to continue in his job after the collision as a result of his injuries. He claimed that although he was able to find another job, his earning power was decreased as a result of the accident and his physical scarring.

Result

Settlement, $1.1 million.