Montoya vs. Advanced Stimulations Technology & Billy Duane Williams - $3,655,130 Jury Verdict & Judgment
Feb 04, 2015OUTCOME: $3,655,130 Verdict and Judgment with Defendants waiving their right to appeal the verdict.
Facts: Defendant was driving his company vehicle on his day off, ran a red light and struck Plaintiff’s vehicle. The Defendants ¾ ton pickup crossed through the intersection and through a cinderblock ... wall. Plaintiff had an impact seizure on scene and was unconscious for a couple of minutes. Two other people in the back seat of plaintiff’s vehicle were uninjured. Plaintiff was taken to hospital, received 4 staples for a head laceration, was diagnosed with a concussion and released within 4 hours. The CT scan and MRI were normal. She continued to struggle with cognitive function and eventually moved in to live with her brother. Plaintiff sued the driver alleging general negligence. Plaintiff also sued AST alleging negligent entrustment and negligent supervision and retention. Treatment/Diagnoses: A Neurologist diagnosed her with traumatic brain injury and seizure disorder. An Orthopedic surgeon diagnosed her with disc bulges in her lower back. A Neuropsychologist treated her with individual and group therapy for cognition problems. Plaintiff’s Arguments: (1) Defendant driver ran red light. (2) Defendant driver’s license had been suspended for 5 months prior to the crash, yet AST continued to entrust him with its company vehicle. (3) Defendant driver was averaging working approximately 100 hours per week and was fatigued at the time of the crash. AST failed to monitor his hours and time off from work. (4) AST violated its own policy regarding drivers not talking on mobile phones while operating company vehicles as defendant driver’s bosses would routinely call him when they knew he was driving. Defense Arguments: (1) Plaintiff was contributorily negligent because she failed to see the oncoming truck running the red light and pulled in front of him. (2) AST was not negligent because it did not know defendant driver’s license was suspended. AST had a policy which required drivers to self-report any suspensions within 24 hours. (3) AST was not negligent because it had no duty to restrict worker’s hours, workers were to self-report if they were fatigued. (4) Plaintiff’s brain injury was only classified as mild and the 24 hour care requested was not required. (5) Plaintiff’s seizure disorder was well-controlled with medication. Verdict on negligence: Defendant Driver – 70% AST – 30% Plaintiff – 0%
