Trial Magazine

John Powell and Addison Cartozian boarded a limousine with nine other passengers. Powell and Cartozian sat up front, just behind the driver’s compartment. Powell allegedly asked for his seat belt but was told no belt was available. In fact, from the time the limousine was manufactured 12 years earlier, most of the passenger compartment seat belts—other than those for the two rear bench seats—had never been deployed from their original manufactured position beneath the seats.

While the limousine was stopped at a red light, a U-Haul truck struck the limo’s left passenger side, causing the passengers to be thrown from their seats. The driver of the truck fled the scene.

Powell, 42, sustained injuries to his cervical spine and was diagnosed with a herniated disk at C5-6 with related cervical stenosis and myelopathy. His injuries were complicated by preexisting spinal stenosis. He underwent decompression surgery and incurred paid medical expenses of about $17,900. He continues to suffer pain and a limited range of motion in his neck, and he walks with a cane. He will incur future medical expenses for attendant care.

A stereo installer, Powell has been unable to return to work. The present value of his past and future lost earnings is estimated at approximately $662,700.

Cartozian, 28, lost consciousness briefly after the incident and allegedly sustained a head injury. His paid medical expenses totaled about $7,100.

Powell and Cartozian sued the limousine service, alleging that it was negligent in failing to activate the vehicle’s seat belts. The plaintiffs’ expert was prepared to testify that lap belts would have prevented both plaintiffs’ injuries.

The defendant was prepared to present expert testimony that lap belts would not have prevented the plaintiffs’ injuries. The defense also argued that Powell could return to a different kind of work at the same pay. The defense further argued that Cartozian had suffered a concussion at worst and not the mild traumatic brain injury he claimed.

Powell settled his claim during mediation for $1.5 million, including $700,000 for the purchase of an annuity that will yield future payments. Cartozian settled his claim for $75,000. U-Haul had $30,000 ownership liability insurance, which paid $5,000. The limousine service’s insurer paid the remainder of the settlement.

Citation: Powell v. High Class Limousines, No. 15 CE CG 00961 (Cal. Super. Ct. Fresno Cnty. Feb. 15, 2017).

Plaintiff counsel: AAJ member Richard C. Watters, Fresno, Calif.

Comment: The driver of the truck was later found and sued but did not contribute to the settlement.