Facts

On Nov. 9, 2011, plaintiff Jerry Rabb, 45, a senior apprentice lineman at the Imperial Irrigation District in El Centro, was riding his 1995 Road King Harley Davidson motorcycle eastbound on Main Street in El Centro. At the same time, a 2007 Chevrolet Silverado, operated by State of California employee Tony Lee Royer, who was performing work for California's Air Resources Board, was traveling westbound on Main Street. Royer made an improper left turn in front of Rabb, striking Rabb's left leg and motorcycle.

Rabb sued Royer, as well as the State of California. At trial, the court bifurcated liability and damages.

PLAINTIFFS' CONTENTIONS:
Plaintiffs' experts claimed that positive drug results found in plaintiff's system at the time of the incident were due to his use of a Vicks vapor inhaler. Plaintiff denied excessive alcohol use.

DEFENDANT'S CONTENTIONS:
Defense claimed that even though its driver improperly turned left, Rabb was also improperly speeding on his motorcycle and caused the collision.

During the damages phase, defendants claimed that Rabb was a methamphetamine addict because of positive drug test results appearing in his medical records. Defendants argued that his use of drugs and alcohol impaired his quality of life.

Specials in Evidence

$737,388 $486,000 $1.7 million $1.2 million

Damages

Plaintiff Rosa Rabb, Jerry's wife, sought recovery for loss of consortium.

Injuries

Plaintiff claimed amputation of left leg below the knee, multiple fractures, traumatic brain injury, post-traumatic stress disorder, nerve pain, loss of consortium, traumatic brain injury, and multiple rib fractures that caused a left hemopneumothorax and respiratory arrest. By the time he arrived at the emergency room, Rabb was in hemorrhagic shock, requiring massive blood transfusions and emergency life-saving measures. His left leg was amputated below the knee, and he endured numerous infections and complications, as his stump failed to close or heal. He had multiple surgeries, treatments, and subsequently developed heterotopic ossification. By the time he was discharged from the hospital and rehabilitation at the end of Dec. 2011, he had lost over forty pounds and his open stump had not healed. Over the next six months, he required treatment at the Imperial Valley Wound Center, which included multiple debridements, treatments for infection and ulceration, Apligraf, and hyperbaric oxygen therapy. He was subsequently diagnosed with nerve pain and neuromas, and required chronic pain management. Although plaintiff was fitted for a prosthetic, he had continued difficulties using it because of his complications with his healing stump. At the time of the trial, he was mostly using a wheelchair and crutches. Plaintiffs' experts testified that future surgeries might be needed to address his heterotopic ossification. Experts for both sides agreed that plaintiff would never be able to return to his job as a lineman. Although defendant's expert opined that plaintiff would be able to return to work, plaintiffs' expert disagreed. Prior to the incident, plaintiff was a motorcycle enthusiast and founder of the "Buffalo Riders." After sustaining his injuries and below-the-knee amputation, plaintiff has had difficulty riding for extended periods of time, and has stopped going on long trips.

Result

Plaintiff's verdict for $9,923,388.

Deliberation

two days

Length

six weeks