DUI tree trimmer has no driver's license, crosses center line and strikes couple's van. $83.8M. San Bernardino County
Summary
Defendant driver was driving one of the tree company's trucks at night, not in course and scope of his employment.
The Case
- Case Name: Rodriguez v. Mowbray's Tree Service
- Court and Case Number: San Bernardino County / CIV DS2003809
- Date of Verdict or Judgment: Tuesday, July 16, 2024
- Date Action was Filed: Thursday, February 06, 2020
- Type of Case: DUI Accident, Highlighted Verdicts, Negligence, Vehicles - Freeway
- Judge or Arbitrator(s): Hon. Donald Alvarez
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Plaintiffs: Jaime Rodriguez, 55Ana Lidia Gomez, 52
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Defendants: The Original Mowbray's Tree Service, IncorporatedJonathan Armando Gonzalez-Varillas, employee and driver of truck.
- Type of Result: Jury Verdict
The Result
- Gross Verdict or Award: $83,803,500
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Economic Damages:
Jaime Rodriguez – Past: $903,500; Future: $1,400,000
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Non-Economic Damages:
Jaime Rodriguez – Past: $20,000,000; Future: $10,000,000
Ana Gomez – Past: $1,000,000; Future: $1,500,000
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Punitive Damages:
$49,000,000 (Against The Original Mowbray's Tree Service, Incorporated, not the driver.)
- Jury Deliberation Time: 2 days
- Jury Polls: 12-0 liability, 9-3 damages.
The Attorneys
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Attorney for the Plaintiff:
Quirk Law Firm, LLP by Trevor Quirk and Leonidas Nicol, Ventura.
Jaffrey Law, APC by Iman Jaffrey, Burbank.
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Attorney for the Defendant:
Haight Brown & Bonesteel LLP by Richard E. Morton, Irvine. (For Mowbray's Tree Service.)
Haight Brown and Bonesteel by Kyle R. DiNicola, Irvine. (For Mowbray's Tree Service.)
Winet Patrick Gayer Creighton & Hanes by Kennett Patrick, Vista. (For Jonathan Armando Gonzalez-Varillas.)
The Experts
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Plaintiff’s Medical Expert(s):
Keith Feder, M.D., orthopedic surgery.
Carol Frey, M.D., orthopedics - foot/ankle.
Barry Ludwig, M.D., neurology.
Amy Magnusson, M.D., physical medicine and rehabilitation.
Bennett Williamson, Ph.D., psychology.
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Defendant's Medical Expert(s):
Stuart Gold, M.D., orthopedic surgery.
Dean Delis, M.D., neuropsychology.
James E. Rosenberg, M.D., neuropsychiatry.
Sten Kramer, M.D., physical medicine and rehabilitation.
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Plaintiff's Technical Expert(s):
Carol Hyland, life care planning.
Leslie Smart, fleet standards.
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Defendant's Technical Expert(s):
Amy Sutton, Ph.D., life care planning.
Stephanie Rizzardi, MBA, economics.
Facts and Background
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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.
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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.
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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.
Injuries and Other Damages
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Physical Injuries claimed by Plaintiff:
For Jamie Rodriguez: Moderate to severe traumatic brain injury; Adjustment Disorder and Major Depressive Disorder; GCS score of 7 in the ER; multiple facial fractures; fractured left arm; fractured left hip; comminuted fracture of the left shin; comminuted fracture of the right femur; shattered right kneecap; multiple right foot fractures, including a shattered heel bone.
Surgery 1, on December 15, 2019: Mr. Rodriguez underwent significant irrigation and debridement of his wounds, a right knee patellectomy, and intramedullary nailing of the right closed femur fracture.
Surgery 2, on December 16, 2019: Mr. Rodriguez underwent an intramedullary nailing of the left tibia and an open reduction internal fixation of left posterior wall acetabulum fracture with hardware installed.
Surgery 3, on December 18, 2019: Mr. Rodriguez underwent right foot surgery. This included a closed reduction and pinning of right calcaneus fracture, right third and fourth metatarsal foot shaft fractures, and a closed reduction and splint immobilization of right second and fifth metatarsal foot shaft fractures.
Surgery 4, on December 26, 2019: Mr. Rodriguez also underwent an open reduction internal fixation left radial shaft fracture and a closed reduction and splinting of the left distal radioulnar joint injury.
Surgery 5, on November 11, 2021: Mr. Rodriguez had surgery to repair and reshape damaged cartilage in his right knee.
Surgery 6, on January 10, 2022: Mr. Rodriguez had surgery to fix the second, third, and fourth toes on his right foot, which would not extend (“hammertoes”). He also had two screws removed from his calcaneus that were installed during the Arrowhead surgery. Released sural nerve from scar tissue but found it had formed a very damaged area called a neuroma and that was removed.
Surgery 7, on April 28, 2022: Mr. Rodriguez had surgery to repair and reshape damaged cartilage in his left knee and also remove hardware from left tibia.
Surgery 8, on December 5, 2022: Mr. Rodriguez had a right foot arthroplasty to release and straighten the third toe on his right foot.
Future care recommendations for Jamie Rodriguez: Hardware removal for the left forearm and wrist arthroscopy; right knee injections; arthroscopy of the right and left knee; right knee replacement in 7 to 10 years; left hip replacement in 7 to 10 years; subtalar joint fusion of the right ankle.
Ana Gomez's injuries and symptoms included a fractured sternum; collection of blood behind sternum; nausea and vomiting; chest and rib pain; difficulty breathing; emotional distress.
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Property damage: The jury awarded $3,500 for plaintiffs’ 1992 Chevy Astro Van.
Special Damages
- Special Damages Claimed - Past Medical: Jaime Rodriguez: $1,033,772.23 to $1,041,272.23
- Special Damages Claimed - Future Medical: Jaime Rodriguez: $2,391,932,91 to $2,572,268.91
- Special Damages Claimed - Past Lost Earnings: Waived
- Special Damages Claimed - Future Lost Earnings: Waived