Course and scope of employment is deciding factor in verdict against San Diego restaurant.
- Case Name: Cheng v. Quintanilla, et al.
- Court and Case Number: San Diego Superior Court Case / 37-2013-00073624-CU-PA-CTL
- Date of Verdict or Judgment: Friday, February 05, 2016
- Date Action was Filed: Wednesday, October 30, 2013
- Type of Case: DUI Accident, Employment, Vehicles - vs. Pedestrian
- Judge or Arbitrator(s): Hon. Richard E.L. Strauss
Plaintiffs: Kai-Yen Cheng, 24, exchange student from Taiwan.
Defendants: On the Border, LP (OTB Mission Valley Restaurant, LP)
- Type of Result: Jury Verdict
- Gross Verdict or Award: $1,546,618.27
Award as to each Defendant:
The jury found Quintanilla to be acting in the course and scope of employment at the time of negligent consumption of alcohol, and found Quintanilla's employer, On the Border, liable.
$1,546,618.27 as to defendant On the Border Restaurant.
- Contributory/Comparative Negligence: None.
- Trial or Arbitration Time: 2 weeks.
- Jury Deliberation Time: 2 days.
Attorney for the Plaintiff:
Foldenauer Law Group by Sean M. Foldenauer, San Diego.
Gomez Trial Attorneys by John H. Gomez, San Diego.
Attorney for the Defendant:
Yoka & Smith by Christopher Faenza and Andy Mendoza, Los Angeles.
Plaintiff’s Medical Expert(s): Harish Holsaker, M.D., orthopedic surgery. San Diego.Munish Batra, M.D., plastic surgery, San Diego.
Defendant's Medical Expert(s):
Richard Greenfield, M.D., orthopedic surgery, San Diego.
Plaintiff's Technical Expert(s): Stephen Plourd. accident reconstruction, San Diego.Darrell Clardy, forensic toxicology, Orange County.
Facts and Background
Facts and Background:
Just after midnight on the morning of December 9, 2012, Vincent Quintanilla weaved out of his lane and struck plaintiff from behind at approximately 40 to 50 miles per hour. Plaintiff was riding a skateboard in a well-lit bike lane near San Diego State University. Four minutes before the collision, a caller called 911 and reported the driver as "obviously drunk," and "zig zagging all over the road."
Vincent Quintanilla was coming home from work at On the Border restaurant where he had worked as a food runner. Quintanilla had sat in the On the Border bar area for over three hours consuming margaritas before getting behind the wheel. It was Quintanilla's 24th birthday and he was celebrating with a half dozen co-workers or more.
That Quintanilla was acting in the course and scope of his employment with On the Border when he became intoxicated; that his intoxication was a substantial factor in causing the harm after he left the restaurant.
That the restaurant was responsible because it regularly allowed its employees to drink alcohol after work on the premises and the consumption benefitted the restaurant monetarily, provided a place for of comradery, and made the bar area appear more inviting to customers.
The employee/driver, Vincent Quintanilla, was dismissed by plaintiff on eve of trial for a waiver of costs.
Defendant restaurant claimed that Quintanilla had clocked out from his shift and changed out of his uniform, so he was allowed to drink like any other customer. Defendant restaurant also contended that Quintanilla was not intoxicated when he left the restaurant.
Injuries and Other Damages
Physical Injuries claimed by Plaintiff:
Broken fibula, torn anterior cruciate ligaments and meniscus, multiple lacerations.
Demands and Offers
- Plaintiff §998 Demand: $1,250,000
- Defendant §998 Offer: $15,000