California State Jury Awards $46 Million To Stranded Driver Who Was Severely Injured When He Was Struck By Vehicle Operated By Car Dealership Deliveryman
Faustino Torres Solorio v. Nissan of Fontana, Inc., et al.
Nissan of Fontana, Inc. operated Nissan dealerships known as Nissan of San Bernardino and Metro Nissan of Redlands. In San Bernardino County, CA. Louie Ayala, Jr. set up L.A.G.D.J. Courier Services to work with and deliver parts between the dealerships. Ayala's son Gunnar Ayala worked for Nissan of Fontana as a parts delivery driver and used his father's vehicle to perform his job. On Sept. 10, 2013, Gunnar worked his shift and left the Nissan of San Bernardino dealership to get gas for the next day then continue home. As Gunnar turned onto a street, he struck Faustino Torres Solorio. Solorio was a passenger in a vehicle driven by co-worker Franco Javier Perez, who had legally pulled onto the side of the road when his truck ran out of gas. Solorio had exited the vehicle to get a gas can from the back of the truck and was struck by Gunnar's vehicle while he stood by the vehicle's tailgate. Gunnar was cited for making an unsafe turning movement and his driver's license was suspended. The police officer at the scene concluded Solorio did not cause or contribute in any way to the incident. Solorio sustained numerous injuries, including multiple broken bones, deep lacerations, a lacerated spleen, and a left leg injury so severe it required above the knee amputation.
On Aug. 31, 2015, Solorio filed suit against Nissan of Fontana, Inc., individually and dba Nissan of San Bernardino and Metro Nissan of Redlands, Nissan of San Bernardino, Metro Nissan of Redlands, Ayala, individually and dba L.A.G.D.J., and Gunnar in the California Superior Court for San Bernardino County. Solorio asserted Gunnar negligently operated the vehicle and caused the accident and his injuries. Solorio argued Gunnar was an employee of the Nissan defendants and was within the scope of his employment at the time of the accident, the vehicle use exception to the going and coming rule applied, and the dealership defendants were liable for Gunnar's negligence.
The dealership defendants generally denied all allegations and argued Gunnar was an independent contractor and/or he was beyond the course and scope of his employment at the time the accident occurred. The dealership defendants also filed a counterclaim against the Ayalas, asserting claims of equitable and implied indemnity, contribution and apportionment, and declaratory relief.
Trial was presided over by Judge Wilfred J. Schneider, Jr. On Aug. 9, 2016, the jury found Gunnar was an agent or employee of Nissan and was acting within the scope of his agency or employment when he harmed Solorio. The jury awarded Solorio $2,000,000 for future medical expenses, $6,000,000 for past pain, suffering, physical impairment and loss of enjoyment and quality of life, and $38,000,000 for future pain, suffering, physical impairment and loss of enjoyment and quality of life.
Lexis Advance subscribers can view the full summary, including expert witness information, here: Faustino Torres Solorio v. Nissan of Fontana, Inc., individually and dba Nissan of San Bernardino; Nissan of San Bernardino; Nissan of Fontana, Inc., individually and dba Metro Nissan of Redlands; Metro Nissan of Redlands; Gunnar Ayala; Louie Ayala, Jr., individually and dba L.A.G.D.J. Courier Services; L.A.G.D.J. Courier Services; Does 1-100, inclusive; 2016 Jury Verdicts LEXIS 6666
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