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 arrival. He experienced multiple facial fractures, a fractured left arm, left hip, left shin, right femur, and right kneecap, along with numerous fractures in his right foot. His medical treatments included several surgeries: on December 15, 2019, he had significant wound care, a right knee patellectomy, and a nailing of the right femur fracture. The following day, he underwent nailing of the left tibia and internal fixation of a left acetabulum fracture. On December 18, 2019, he had right foot surgery, including reductions and pinning of various fractures.

By December 26, 2019, he needed surgery for a left radial shaft fracture and splinting of the left distal radioulnar joint. In November 2021, he had cartilage repair in his right knee, followed by toe surgery and neuroma removal in January 2022. In April 2022, he underwent cartilage repair in his left knee and hardware removal from his left tibia, and in December 2022, he had a right foot arthroplasty to address the issues. Future care recommendations include hardware removal, knee injections, knee arthroscopies, knee and hip replacements, and subtalar joint fusion.

Ana Gomez sustained a fractured sternum, blood collection behind the sternum, nausea, vomiting, chest and rib pain, difficulty breathing, and emotional distress.

Damages

The Plaintiffs sought both special and general damages, including extensive medical expenses, property damage to their 1992 Chevy Astro Van, and damages for emotional and physical distress.

Key Arguments and Proceedings

Legal Representation

Key Remarks by Counsel

Plaintiffs’ attorney Iman Jaffrey remarked, “This verdict, reached on July 16, 2024, not only brings justice to our clients but also sends a powerful message about corporate responsibility and accountability.” Jaffrey continued, “While Jaime and Ana’s lives will never be the same, this compensation will significantly aid their ongoing medical care and therapy, helping them to rebuild their lives.” The case, which lasted over four and a half years, was fiercely contested, involving extensive depositions, evidence collection, and a thorough understanding of the plaintiffs’ suffering. The attorneys’ unwavering commitment was crucial in conveying the gravity of the situation to the jury, leading to this landmark verdict.

Reflecting on the trial, Jaffrey noted, “This trial was a testament to the resilience and courage of our clients, Jaime and Ana, who endured unimaginable hardship. We are honored to have been their advocates and to have achieved a verdict that acknowledges their pain and suffering. This case highlights the importance of holding negligent parties accountable and serves as a reminder that justice can prevail.”

Claims

The lawsuit accused Original Mowbray’s Tree Service Inc. of negligent hiring, retention, supervision, and entrustment of a vehicle. During the trial, evidence showed that the company knowingly permitted Gonzalez-Varillas to drive several of their vehicles. Gonzalez-Varillas, who did not have a driver’s license, had already caused the company to be expelled from a hotel shortly after his hiring due to broken beer bottles.

On December 14, 2019, Varillas drove PU-149 to several bars, became intoxicated, and continued driving east on Historic Route 66. He lost control of the truck, crossed into the westbound lane, and collided with the front left of a 1992 Chevrolet Astro driven by Jaime Rodriguez. The impact was estimated at 48-54 mph for PU-149 and 35-39 mph for the Astro. Evidence from the crash scene revealed that Varillas had a Mowbray’s gas card in his wallet.

Defense

Defendant Mowbray denied liability and claims of negligence in hiring and retaining staff. They argued that Varillas had stolen the truck and drove it on the weekend without authorization.

Expert Testimony

The Plaintiffs called on the following expert witnesses to testify:
Keith Feder, M.D., provided expertise in orthopedic surgery; Carol Frey, M.D., specialized in foot and ankle orthopedics; Barry Ludwig, M.D., was a neurologist; Amy Magnusson, M.D., focused on physical medicine and rehabilitation; Bennett Williamson, Ph.D., offered insights in psychology; Carol Hyland was a specialist in life care planning; Leslie Smart brought expertise in fleet standards.

The Defendants, on the other hand, called on the following expert witnesses:
Stuart Gold, M.D., specialized in orthopedic surgery; Dean Delis, M.D., was an expert in neuropsychology; James E. Rosenberg, M.D., focused on neuropsychiatry; Sten Kramer, M.D., provided insights into physical medicine and rehabilitation; Amy Sutton, Ph.D., was a specialist in life care planning; Stephanie Rizzardi, MBA, offered economic expertise.

Jury Verdict

On July 16, 2024, the California jury awarded $83,803,500 in damages to the Plaintiffs. The breakdown of the verdict is as follows:

  • Economic Damages:
    • Jaime Rodriguez
      • Past: $903,500
      • Future: $1,400,000
    • Ana Gomez
      • Past: $1,000,000
      • Future: $1,500,000
  • Non-Economic Damages:
    • Jaime Rodriguez
      • Past: $20,000,000
      • Future: $10,000,000
    • Ana Gomez
      • Past: $1,000,000
      • Future: $1,500,000
  • Punitive Damages: $49,000,000

Court Documents:

Available upon request

Press Release:

EIN Presswire