$1.6 Million: Jury Verdict -- Negligence case

Tow-truck driver sustains a low back injury and receives record jury verdict, after insurance company refused to offer any money to settle.

Attorney: John N. Demas; Clients: Eric D.; County: Riverside

Our client, Eric D. was a relatively inexperienced tow-truck driver, called to jump start a car that was parked in a home garage. When he got to the home, Eric D. realized his jumper cables would not reach the car battery. He therefore had to physically push the car out of the garage and down the slightly sloped driveway. When Eric D. went in the garage, he realized he had to be particularly careful because the garage was narrow.

Eric D. testified that he told the homeowner to stay away from the car and not interfere with his work. He said that he went to the drivers’ side of the car and began pushing the car out of the garage. As he was pushing--positioned near the driver’s door with the window rolled down holding the wheel with one hand and pushing the car with the other—he felt the vehicle speed increase. He said that this was a result of the homeowner pushing the car from its hood. The increase in speed surprised Eric D. and caused him to be pinned between the car and the garage door frame, seriously injuring his low back. The homeowner claimed that Eric never instructed him to not push, and more importantly that he never assisted Eric or touched the vehicle at all.

The homeowner defendant had a $300,000 policy. We made a policy limits demand on several occasions, allowing the insurance company the opportunity to settle the claim for the policy limits. The defendant denied liability and the insurance company never made a settlement offer. Defendant's attorney was so confident he would prevail, that he indicated he would win this case "nearly 100%" of the time.

The trial was hotly contested. Defendant tried to blame Eric D. for causing his injury. He also tried to blame Eric D’s employer for not properly training him and for not having a portable charger. Eric’s injury led him to have a single level back surgery and ultimately the placement of an electrical stimulator in his low back. The stimulator provided significant relief, but he continued to have low back pain, and had to be retrained because he could not work as a tow truck driver again. After a nearly three week trial, Mr. Demas was able to convince the jury that the defendant was responsible. The jury returned a verdict of $1,600,000 for Eric D. It was one of the largest personal injury verdicts ever returned in Riverside County.

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