A California jury awarded 21-year old Alan Casillas $34 million after he was struck by a truck trailer when a negligent employee made an improper turn.
It is believed to be the largest below-the-knee amputation verdict in California.Casillas was 19 at the time of the accident and was a construction worker. Like many teenagers in Southern California, Casillas owned a beach cruiser bicycle that he had been riding on the day of the accident.
Trailer drove over sidewalk
He was riding westbound on Tweedy Boulevard in Los Angeles when he came to a stop. While waiting to proceed, trailer operator Francisco Azurdia came driving down Tweedy Boulevard. As Azurdia attempted to make a turn, he failed to ensure that he had ample space to make the turn safely.
The 55-foot trailer “drove over the sidewalk, striking Casillas’ bike and knocking him to the ground,” according to plaintiff lawyers Brian J. Panish and Thomas A. Schultz of Panish Shea & Boyle LLP, Los Angeles, CA. Panish is a member of The National Trial Lawyers Top 100. The rear “wheels of the trailer ran over Casillas’ left leg.” His leg was amputated and he suffered from severe emotional distress. Casillas was hospitalized for a total of 54 days, and has now been forced to wear a prosthesis
Casillas brought suit against both Azurdia and the owners of the trailer in question, Landstar Ranger. Casillas’ claim asserted that Azurdia violated California Vehicle Code Section 22107, which pertains to unsafe turning movements. He also argued that Landstar was vicariously liable because Azurdia was acting within the scope of his employment at the time of the accident.
Defense blames the victim
The defense asserted that Casillas was comparatively or equally at fault. Its argument was that had Casillas been paying attention, and not been on his cell phone, he could have assisted in avoiding the collision with the trailer.
After a long two-week trial, the jury returned a 12-0 verdict awarding Casillas as follows:
• $5,187,230 for future medical cost
• $66,099 past lost earnings
• $672,540 future lost earnings
• $754,351 past medicals (stipulated)
• $11,700 past non-economic damages
• $16,175 future non-economic damages.
The case is Alan Casillas v. Landstar Ranger Inc., and Francisco Azurdia and Does 1-50, Inclusive, Case No. BC500485