Vol. 55 No. 7

Trial Magazine

Verdicts & Settlements: Motor Vehicle Liability

You must be an AAJ member to access this content.

If you are an active AAJ member or have a Trial Magazine subscription, simply login to view this content.
Not an AAJ member? Join today!

Join AAJ

Truck Driver Rear-ends Motorcyclist After Suffering Seizure

July 2019

Dominick Consolazio suffered from a seizure disorder that was unresponsive to medicine at times. He was employed by Southern California Gas Co. in a position that required him to drive a company truck. One morning, Consolazio was driving on a Los Angeles County street en route to a job site when he suffered a seizure. He lost consciousness and rear-ended motorcyclist Jason Lo, 32, who was stopped at a red light. Lo’s motorcycle became lodged under Consolazio’s truck, which continued traveling another 436 feet after Consolazio attempted to leave the scene.

Lo suffered massive blood loss, a degloving injury to his right leg, and a torn femoral artery. Over the next month, he underwent multiple surgeries and avoided a leg amputation. Nevertheless, he has severe disfigurement and walks with a limp. He faces a possible amputation in the future if he experiences a muscle graft failure. Lo, an Air Force captain, incurred medical expenses of $453,000 and past lost income totaling more than $115,500.

Lo and his wife sued Consolazio, alleging improper lookout and failure to discontinue driving in light of a known seizure disorder and his treating physician’s recommendations. Suit also alleged Southern California Gas Co. was liable for hiring Consolazio, who was unfit to drive.

The jury awarded approximately $41.86 million, finding that Consolazio had acted with malice and oppression. The parties later settled for $46 million before the jury’s punitive damages verdict.

Citation: Lo v. Consolazio, No. BC653464 (Cal. Super. Ct. Los Angeles Cnty. Oct. 19, 2018).

Plaintiff counsel: AAJ members Brian J. Panish, Daniel W. Dunbar, Alexander J. Behar, and Matthew J. Stumpf, all of Los Angeles.