Facts

On June 29, 2011, Carlos Castellanos was stopped in traffic while driving a company car. He was rear-ended by Lily Ashwell and suffered injuries as a result thereof. He sued Ashwell for negligence, and the owner of the vehicle, Rachel Ashwell, for negligent entrustment and vicarious liability.

Ashwell admitted liability but disputed causation and the nature and extent of the claimed damages. The trial court granted the defense's motion for nonsuit on Castellano's negligent entrustment claim.

PLAINTIFF'S CONTENTIONS:
Castellano claimed that Ashwell, who was travelling between 35 to 40 mph, hit him hard.

DEFENDANTS' CONTENTIONS:
Ashwell claimed she stopped behind Castellanos, but that her foot accidentally came off the brake as she attempted to retrieve her water bottle. As such, she claimed she was travelling at around four to five mph prior to impact.

According to the defense, plaintiff refused to dismiss his negligent entrustment cause of action against the owner of the vehicle, Lily Ashwell's mother Rachel Ashwell, therefore defendant filed a motion for nonsuit as to that cause of action after the plaintiff made his opening statement.

Specials in Evidence

$750,00 in pain and suffering; and $5,464 in past medical costs. Plaintiff claimed $2.3 million in lost earnings. The defense disputed the plaintiff's loss of earnings claim, arguing that it should be limited to $54,000.00 based upon missing four months of work. $390,000 in future medical care

Damages

Castellanos missed work from mid-September 2011 until early January 2012, and claimed he could no longer work as a sales representative as much or often due to both foot numbness and continuing back pain. He testified that prior to the accident he was ranked in the top 10 of his territory, and that since the accident he has a much lower ranking.

Injuries

Castellano suffered injuries to his back and neck, as well as a right drop foot. He presented to his company's worker's compensation urgent care clinic for evaluation. The surgeon opined that Castellanos sustained a cervical and lumbar disc herniations due to the accident. From July 2011 to Dec. 19, Castellanos underwent physical therapy. He continued to experience neck and back pain, including the drop foot injury. He claimed the need for future lumbar injections and/or surgery. The defense disputed the extent of Castellanos' injuries, claiming that his alleged injuries either did not exist or were not related to the accident. In the alternative, the defense's expert opined that he sustained back sprain/strain and that he should have recovered in four to six weeks.

Result

The jury found Ashwell negligent, and awarded Castellanos $112,464 in damages, which included $25,000 in future medical costs; $47,000 in past lost earnings; $10,000 in past pain and suffering; $25,000 in future pain and suffering; and $5,464 in past medicals.

Deliberation

six hours

Length

five days