DUI tree trimmer has no driver's license, crosses center line and strikes couple's van. $83.8M. San Bernardino County

Facts and Background

• Facts and Background:

  On Saturday, December 14, 2019 at 9:00 p.m., defendant driver Jonathan Varillas was driving a white Ford F-150 truck while drunk in San Bernardino, when he crossed over a double yellow line and crashed into an old Astro Van driven by plaintiff Jaime Rodriguez. Mr. Rodriguez' wife, plaintiff Ana Gomez, was in the Astro Van's passenger seat. The crash caused both plaintiffs serious personal injuries. The truck driven by Mr. Varillas was owned by The Original Mowbray's Tree Service, Inc.

• Plaintiff's Contentions:

  The Original Mowbray’s Tree Service, Inc. (“Mowbray’s”) is a large commercial tree trimming company. Mowbray’s upper management delegated significant authority to its general foremen, including authority to designate who was and was not allowed to operate company vehicles. In June of 2019, Mowbray’s hired Jonathan Armando Gonzalez-Varillas (“Varillas”) as a tree trimmer. Mowbray’s, including its area managers and general foremen, knew that Varillas did not have a valid driver’s license. Mowbray’s also knew that Varillas had a drinking problem.

  The day after being hired, Varillas was written up for drinking and breaking bottles in a hotel room that was paid for by Mowbray’s. Due to this incident, the entire company was kicked out of the hotel. Less than a month after the hotel incident, the general foremen started giving Varillas the keys to different Mowbray’s vehicles so that he could commute between his home in San Bernardino and work in Thousand Oaks. Weekly inventory sheets showed that Varillas eventually became the assigned driver of a full-size work pickup truck designated as PU-149.

  On December 13, 2019, Varillas drove PU-149 home over the weekend with the permission and knowledge of his supervisors. Varillas’s supervisors knew he was unlicensed and did not have his own vehicle, knew he had previously been reprimanded for drinking and destroying property, and knew or should have known he should not be driving company vehicles.

  On December 14, 2019, Varillas drove PU-149 to several bars, got drunk, and continued to drive PU-149 east on Historic Route 66, when he lost control and crossed over into the westbound lane. Varillas impacted the front left of the 1992 Chevrolet Astro, driven by Jamie Rodriguez. The impact velocity was calculated/determined to be approximately 48-54 mph for PU-149 and approximately 35-39 mph for the Astro. Evidence collected at the crash scene showed that Varillas had a Mowbray’s gas card in his wallet.

• Defendant's Contentions:

  Defendant Mowbray’s contended Varillas was not a permissive user; that Varillas stole the truck and was driving it on the weekend without company permission or knowledge.