Rodriguez v. The Original Mowbray's

Case Background

Plaintiffs Jamie Rodriguez, 55, and Ana Gomez, 52, filed a personal injury lawsuit a personal injury case against Original Mowbray's Tree Service, Inc. for the catastrophic accident caused due to the negligence of their employee Jonathan Armando Gonzalez-Varillas. The case was heard before the California Superior Court, San Bernadino County. Judge Donald Alvarez presided over this case. [Case number: CIV DS2003809]

Cause

The Original Mowbray's Tree Service, Inc. ("Mowbray's") is a large commercial tree trimming company. Mowbray's upper management gave considerable authority to its general foremen, including decisions about who could operate company vehicles. In June 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 lacked a valid driver’s license and had a drinking problem. The day after his hiring, Varillas was reprimanded for drinking and breaking bottles in a hotel room paid for by Mowbray's. Less than a month later, general foremen began giving Varillas the keys to various Mowbray's vehicles, allowing him to commute between his home in San Bernardino and work in Thousand Oaks. Weekly inventory sheets later showed that the company assigned Varillas to drive a full-size work pickup truck, designated as PU-149. On December 14, 2019, Varillas drove the PU-149 home for the weekend with the approval and knowledge of his supervisors. They knew that Varillas was unlicensed, lacked his own vehicle, and had previously faced discipline for drinking and property damage. Despite this, they allowed him to drive Mowbray's vehicles. At 9:00 p.m., Plaintiffs Jaime Rodriguez and Ana Lidia Gomez were driving home from a family holiday party. Jonathan Varillas, driving while intoxicated, crossed a double yellow line in San Bernardino. He then collided with an old Astro Van driven by Jaime Rodriguez. Ana Gomez, Jaime's wife, was in the passenger seat of the Astro Van. The collision resulted in catastrophic personal injuries for both Plaintiffs.

Injury

Due to the Defendants' negligence, Jamie Rodriguez suffered severe injuries including a traumatic brain injury, Adjustment Disorder, and Major Depressive Disorder, with a Glasgow Coma Scale (GCS) score of 7 upon ER arr