Vehicles are stopped on freeway when DUI driver hits the last car in the line, which then strikes plaintiff's mini-van.
The Case
- Case Name: Marshall Tanaka v. Kaj Wendall Faaborg
- Court and Case Number: Los Angeles Superior Court / 21STCV17487
- Date of Verdict or Judgment: Monday, July 28, 2025
- Date Action was Filed: Monday, May 10, 2021
- Type of Case: DUI Accident, Vehicles - Freeway
- Judge or Arbitrator(s): Hon. Lynette Gridiron-Winston
- Plaintiffs:
Marshall Tanaka, 47
- Defendants:
Kaj Wendall Faaborg
- Type of Result: Jury Verdict
The Result
- Gross Verdict or Award: $30,774,365
- Economic Damages:Past and future medical: $774,365
- Non-Economic Damages:$30,000,000
- Trial or Arbitration Time: 9 days
- Jury Deliberation Time: One hour
- Jury Polls: 12-0
The Attorneys
- Attorney for the Plaintiff:
Thon Beck Vanni et al by Gregory R. Vanni, Pasadena.
Liddy Law Firm by Don Liddy, Pasadena.
- Attorney for the Defendant:
Manning Kass by Lane E. Webb and John D. Culver, San Diego.
The Experts
- Plaintiff’s Medical Expert(s):
Haig Yenikomsian, M.D., burns. (Treating physician.)
Jonathan Eisenstat, pathology, Atlanta, GA.
- Matthew Miller, pathology, San Bernardino.
- Daniel Sudakin, medical toxicology, Portland, OR.
- Plaintiff's Technical Expert(s):
Jeremy McMillan, accident reconstruction.
- Defendant's Technical Expert(s):
Mark Arndt, transportation safety, Phoenix, AZ.
Michelle Hoffman, biomechanics, Chandler, AZ.
Facts and Background
- Facts and Background:Plaintiff was stopped on the 60 freeway when the car behind him was struck by a drunk driver, which was pushed into plaintiff's minivan. Both vehicles were engulfed in flames, resulting in serious burn injuries to plaintiff. Defendant driver drove away from the scene without rendering aid.
- Plaintiff's Contentions:That defendant driver was the sole cause of all injuries.
- Defendant's Contentions:Defendant admitted fault for the accident, but denied that he caused the fire that burned plaintiff. Defendant blamed a defective fuel tank in the middle car for causing the fire.
- Defendant claimed that his BAC was .08 and that he left the scene and failed to render aid because he was disoriented after the impact.
Injuries and Other Damages
- Physical Injuries claimed by Plaintiff:Second and third degree burns to 38% of his body, requiring surgeries and skin grafts. Plaintiff claimed that he was disfigured by the fire resulting in limited range of motion to his hands. These injuries have hampered his work as a massage therapist and made performing his work more difficult.
- Plaintiff made no claim for loss of earnings
Demands and Offers
- Defendant Final Offer before Trial: $15,000
Additional Notes
Insurer: National General
Defendant’s insurance carrier denied coverage after the crash. Plaintiff contends the policy limits of $15/30 have been opened. Plaintiff reached a confidential settlement with the auto manufacturer before trial. A bad-faith case against defendant's insurance carrier has been filed.
Disclaimer
This is not an official court document. While the publisher believes the information to be accurate, the publisher does not guarantee it and the reader is advised not to rely upon it without consulting the official court documents or the attorneys of record in this matter who are listed above.