AnnaMarie Dugan Norris, as Guardian of the Estate of Christopher Dugan, an incompetent person v. Tesla, Inc. f/k/a Tesla Motors, Inc., Kyle Kaszuba

Case Background

On May 8, 2017, a lawsuit was filed against Tesla Inc. for the life-altering injuries, impairment, and damages caused to Christopher Dugan in a motor vehicle accident caused by the negligence of Kyle Kaszuba, a Tesla employee. The case was heard before the Indiana State, Marion County, Superior Court.  Judges Burnett Caudill, Cynthia J Ayers, and Mark F. Renner presided over this case. [Case number: 49D04-1705-CT-018411]

Cause

Plaintiff Christopher Dugan lived in Avon, Hendricks County, Indiana. Defendant Kyle Kaszuba resided in Danville, Hendricks County, Indiana, and was a Tesla Inc. employee. The truck driven by Kaszuba was owned by Tesla, Inc. At the time of the collision, Kaszuba was acting within his employment scope or with Tesla’s express permission, making Tesla vicariously liable for his negligence.

Rockville Road in Marion County, Indiana, features two eastbound lanes, two westbound lanes, and a center turn lane. The Speedway gas station, located at 6302 Rockville Road, Indianapolis, Indiana, is situated nearby.

On April 25, 2017, around 7:28 a.m., Christopher Dugan was riding his motorcycle and leaving the Speedway gas station. He turned right onto Rockville Road and drove westbound in the right-hand lane.

Simultaneously, Kyle Kaszuba was driving a 2014 Ford Super Duty truck, owned by Tesla Motors, Inc., westbound on Rockville Road toward the Speedway gas station. Kaszuba entered the center turn lane while attempting to turn north into the parking lot west of the Speedway. Kaszuba negligently crossed two eastbound lanes and collided with Dugan’s motorcycle, causing Dugan to be thrown from his bike.

Injury

Due to the Defendant’s negligence, Dugan suffered traumatic injuries, including brain hemorrhage, facial and skull fractures, multiple leg fractures, pulmonary contusions, a toe amputation, and rib fractures. He required brain surgery to address a traumatic brain injury (TBI). Following the surgery, Dugan began inpatient rehabilitation to treat his brain injury and various orthopedic injuries.

The 2017 accident left Plaintiff Chris Dugan, then 37, with the mental capacity of a 10-year-old. According to his attorneys, Dugan still endures severe cognitive dysfunction and struggles with full communication. These injuries impaired his overall functionality and caused permanent disfigurement.

Damages

Due to his injuries caused by the Defendant’s negligence, Christopher Dugan had to seek medical treatment to alleviate his pain resulting in significant medical expenses. He would need ongoing medical attention, leading to further costs in the future.

Dugan suffered severe physical pain and mental anguish, both at the time of the accident and continuing into the future. His injuries forced him to miss work, causing a loss of wages. At the time of the collision, he was actively employed. His injuries impaired his earning capacity. His daily life and activities were permanently and adversely affected.

Under this lawsuit, Christopher Dugan requested a jury trial and sought judgment against Tesla, Inc., formerly known as Tesla Motors, Inc., and Kyle Kaszuba. He also sought compensation for his injuries, legal costs, and any other appropriate relief.

Key Arguments and Proceedings

Legal Representation

Key Arguments or Remarks by Counsel

Nick Rowley, one of the trial attorneys representing Dugan and a co-founder of Trial Lawyers for Justice, criticized Tesla for failing to take responsibility for the crash and its impact on Dugan’s life for the past seven years.

Rowley stated, “Tesla’s ethos can be defined by utter disregard for accountability. Refusing to accept responsibility can result in big consequences. Tesla’s employee was in a rush that morning trying to shave off time to get to the service center and refused to wait in line with other vehicles who were appropriately making a left-hand turn. He cut out of line and did something very dangerous showing a complete disregard for the safety of others on the road. A young father’s life was permanently destroyed. This verdict cannot repair the harm caused, but it will help provide Chris Dugan with the lifetime of care and support he needs.”

Claims

Plaintiff alleged that Defendant Kyle Kaszuba, and by extension Tesla, Inc., through its agent or employee, acted carelessly and their negligence caused his injuries in several ways:

a. Kyle Kaszuba failed to exercise the care that a reasonable person would have in similar circumstances.
b. He neglected to yield the right-of-way to oncoming traffic while turning across lanes.
c. He did not maintain proper control of his vehicle, leading to a collision with Christopher Dugan’s motorcycle.
d. He failed to keep a proper lookout for other vehicles on the road, including Dugan’s motorcycle.
e. He did not apply the brakes in time to avoid crashing into Dugan’s motorcycle.
f. He drove at an unreasonable speed given the conditions.
g. He did not change or alter his vehicle’s path to prevent hitting Dugan’s motorcycle.
h. He violated Indiana Code Sec. 9-21-8-21, Sec. 9-21-8-25, and Sec. 9-21-8-30.

These actions collectively constituted negligence, according to the Plaintiff’s claims.

Defense

The Defendant denied the negligence claim and stated a lack of knowledge about other allegations. Kaszuba raised multiple affirmative defenses, including contributory negligence by Dugan, failure to mitigate damages, and potential claims against non-parties. He also requested a jury trial and asserted that Dugan’s claims are barred or reduced under Indiana law.

In the first phase of the bifurcated trial, Tesla denied any liability for Kaszuba. They argued that Dugan’s driving closely behind another vehicle and his sudden acceleration just before the crash prevented Kaszuba from seeing him. Tesla argued that motorists commonly made the same turn into the adjoining lot. They described the crash as a tragic accident.

Expert Testimony

The Plaintiffs provided testimony on the following:

  • Dr. Berens, a rehabilitation consultant and certified life care planner, testified about Christopher Dugan’s current and future medical and non-medical needs due to his injuries, as outlined in her life care plan. She also provided a vocational assessment and opinions on Dugan’s loss of earnings capacity.
  • Dr. Bruce Jaffee, a forensic economic consultant, offered testimony on Dugan’s economic losses, including the present value of his life care plan and wage losses, based on his injuries and medical records.
  • Mr. Johnson, an accident reconstructionist, analyzed the lighting, visibility, and layout of the accident scene, as well as vehicle speeds.
  • Dr. Savage, Dugan’s treating physician, rebutted claims by Dr. Gennarelli and Stephen Garets about the impact of Dugan’s prior injuries on his motorcycle operation.
  • Mr. Nash provided rebuttal opinions on Dugan’s motorcycle operation, excluding helmet use.
  • Dr. Ziejewski contested claims about helmet effectiveness in preventing Dugan’s brain injury, reserving the right to inspect Dugan’s helmet.

The Defendants’ brought in the following expert witnesses:

  • Dr. Gennarelli, a board-certified neurological surgeon, discussed Dugan’s brain and brachial plexus injuries, their persistence from prior accidents, and how these impairments affected his reaction times and ability to avoid accidents. He also evaluated the potential impact of wearing a helmet.
  • Dave Thom, a Senior Consultant, examined the cause and extent of Dugan’s injuries and assessed the mitigating effects of a helmet.
  • Linda Gartman, a Registered Nurse and Certified Life Care Planner, critiqued Debra Berens’ Life Care Plan, identifying any excesses or inadequacies.
  • Chad Staller, President of the Center for Forensic Economic Studies, analyzed the economic losses sustained by Dugan and addressed Dr. Bruce Jaffe’s report.
  • James Sobek, a forensic engineer, performed an accident reconstruction, evaluating motorist actions, speed, and visibility.
  • Stephen Garets, President of Garets Consulting, LLC, provided insights into motorcycle operation, assessing whether Dugan exercised reasonable care and if his limitations affected his ability to evade the accident.

Jury Verdict

On March 13, 2024, the Indiana jury in the second phase of the trial, without regard to the fault, awarded Christopher Dugan $60,687,491.00. Taking into consideration the 30% comparative fault attributed to the Plaintiff, the amount came down to $42,481,243.00.

Lee Christie, Dugan’s co-counsel stated, “Christopher Dugan has a long journey ahead of him due to his brain injury. This verdict will not restore this doting father, but it will help ensure this family has the resources they need in the absence of its primary caregiver.”

Court Documents:

Complaint

Press Release:

The Indiana Lawyer

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