Container falls from truck onto highway: Improper loading: Negligent hiring: Quadriplegia: Verdict

Law Reporter, Jun 2003

Juarez v. Arrow Disposal Serv., Inc., Cal., Los Angeles County Super. Ct., No. KC028814, July 19,2002.

Juarez, 42, was driving westbound on a highway when a truck traveling eastbound lost control and struck the median wall. A loaded refuse container flew off the truck into Juarez's lane of travel, spilling concrete debris. Juarez's car struck the debris and overturned.

Juarez's spine was severed at C6-7, rendering him quadriplegic. His past medical expenses totaled $343,000, and his future expenses are estimated at $4.8 million. Formerly an equipment operator, Juarez is unable to return to work. His past and expected future lost earnings total $890,000.

Juarez's passenger, Dailey, 34, suffered an injury to his right knee. Dailey, an equipment operator, incurred lost wages and medical expenses totaling approximately $10,750.

Another driver, Bravo, 23, collided with the container and sustained connective tissue injuries to her neck and lower back. Bravo is a manager in the food service industry. Her lost wages and medical expenses totaled approximately $5,020.

The truck driver, Pena, 46, sustained an injury to his left leg. He incurred medical expenses of approximately $1,200 and lost earnings of about $15,000.

Juarez, his wife, Dailey, Bravo, and Pena sued the trucking company and die commercial construction company that had hired the trucking company to haul away the container, alleging negligence. Plaintiffs alleged the trucking company was not insured and did not have a valid hauling permit, and had no previous experience driving trucks that use roll-off containers. Plaintiffs alleged the construction company improperly loaded heavy concrete waste into the container-which was designed for lighter materials-and retained the trucking company on the basis of price alone, widiout inquiring into its fitness, insurance, or licensing.

The trucking company contended that the construction company orally agreed to provide insurance coverage and permits. It also alleged that the construction company had improperly dumped concrete waste into the container without its knowledge.

The construction company contended that it had contracted with the trucking company as a vendor, and therefore had no responsibility to inquire into its fitness to perform or its insurance and licensing status. It also contended that there was little concrete waste in the container and that the concrete waste did not cause the incident or originate from its construction work.

A jury found the trucking company 50 percent liable, the construction company 25 percent liable, and nonparties to the suit 25 percent at fault. It awarded approximately $14.29 million, including about $11.63 million to Juarez, $2.5 million to Ws wife for loss of consortium, $70,750 to Dailey, $65,000 to Bravo, and $19,000 to Pena.

The construction company's posttrial motions were denied.

Plaintiffs' experts included Steven Meyer, accident reconstruction, Goleta, Cal.; Kenneth Allison, waste operations, Newport Beach, Cal.; Robert Gallucci, construction practices, Huntington Beach, Cal.; Joel Rosen, physiatry, Northridge, Cal.; and Ross Nathan, hand surgery, Long Beach, Cal.

Defendants' expert was Richard Rauseo, construction practices, Los Angeles, Cal.

Juarez Family's Counsel

*Lee G. Lipscomb, Los Angeles, Cal.

Daniel G. Whalen, Los Angeles, Cal.

Dailey and Bravo's Counsel

Daniel T. Pierson, Los Angeles, Cal

Pena's Counsel

Todd Norton, Encino, Cal.