Buddies go drinking and crash ensues, causing injury to drunk passenger. $20M. Los Angeles County.

Facts and Background

• Facts and Background:

  On June 3, 2014, plaintiff Michael R. Isom and defendant Brandon MacCarthy were co-workers working in Acton through the IBEW. Isom was staying at MacCarthy's home in Palmdale for a few days and being driven to and from work by MacCarthy. After work they went to a liquor store and purchased whiskey and drank some in the parking lot of a restaurant/bar known as the Buffalo Cafe in Palmdale. They then had dinner and more drinks at the cafe. Receipts from the evening show that Isom, MacCarthy and another individual purchased 13 alcoholic beverages over approximately 90 minutes.

  Afterwards, MacCarthy drove them both home, about a mile away. Isom realized he had left his cell phone at the cafe. MacCarthy drove them back to the cafe to retrieve the phone and they spoke to the bartender and then returned home without incident. MacCarthy's roommate and supervisor, Shane Ciaccio was home with his girlfriend, Dannye Milam (whom he later married). Dannye claims all four of them played beer pong and drank while Shane claims he does not recall anyone drinking when the parties returned from the cafe. Dannye claims they were both slightly intoxicated when they came home, whereas Shane claimed MacCarthy was severely intoxicated.

  At some point, Isom and MacCarthy stated [they] wanted to go to a strip club in Victorville, approximately 30-40 minutes away, where MacCarthy had been on several occasions in the past. Shane and Dannye discouraged them from going and claimed they were too drunk to drive. Discussions took place regarding who would drive and who was in possession of the keys to MacCarthy's truck. Dannye claims she threw them on the fireplace mantle but Shane claims that Isom had them last and promised that he would not let MacCarthy drive and if anyone was to drive it would be Isom. Dannye and Shane then left to go get dinner and when they returned 20-30 minutes later, Isom and MacCarthy were gone as was his truck.

  MacCarthy drove his truck with Isom as his passenger. He drove eight miles and turned off the main highway to Victorville to a short two-lane road which ended at a T-intersection. CHP determined  that MacCarthy was traveling 65 mph in a 55 mph zone and ran through the stop sign and a dirt patch, into a cyclone fence and a concrete wash. The truck struck the back wall of the wash as it flew through the air.

  Both were rendered unconscious but MacCarthy awoke quickly and saw that the truck was on fire. He and a nearby security guard were able to pull Isom out of the truck before it was completely enveloped by the fire. MacCarthy's blood alcohol content was .26 at the scene and his blood test was .22. Isom's blood alcohol level was .19. MacCarthy pled no contest to DUI in violation of Penal Code Section 23153(b) and served 47 days in jail on a sentence of 180 days, with six years of prison suspended for probation. MacCarthy paid $3,000 in restitution.

  It was reported that MacCarthy told the California Highway Patrol officer he almost killed his buddy and he thought he was okay to drive a few hours after the accident. He later claimed that he could not recall anything from that evening after drinking the whiskey outside the cafe. Isom has no recollection of the entire day and claims that he would not have gotten into the vehicle if he thought that MacCarthy was too intoxicated to drive. However, the evidence showed that he got into MacCarthy’s vehicle at least three times over a four hour period of time after he and MacCarthy began drinking.  The bartender, who was not deposed and did not testify at trial, had met MacCarthy over the few weeks that the restaurant was open before the accident. He allegedly told the CHP officers who testified at trial that he thought MacCarthy was okay and he had seen him way worse in the past and believed he had not been overserved.

• Plaintiff's Contentions:

  Isom contended that MacCarthy was negligent per se by driving while intoxicated and crashing his truck after failing to stop at the T-intersection in violation of Penal Code section 23153(b).

• Defendant's Contentions:

  The defense claimed that Isom was 100% responsible for his own injuries because he was drinking heavily with MacCarthy for several hours before the accident, he knew that MacCarthy was too intoxicated to drive anywhere and stated such to multiple witnesses, he promised several witnesses that he would not let MacCarthy drive because he was too intoxicated, he rode with MacCarthy several times after he knew or should have known that MacCarthy was severely intoxicated and unable to drive, and he provided MacCarthy with the keys to his truck after promising several witnesses that he would not let him drive because he knew that he was too intoxicated. Further, plaintiff does not have a loss-of-earning-capacity claim.