Trial Magazine

While allegedly intoxicated and operating a truck in the course of his employment, Jonathan Armando Gonzalez-Varillas crossed a yellow line and crashed into Jaime Rodriguez’s van. Rodriguez, 55, suffered a severe traumatic brain injury and multiple fractures. His wife, Ana Lidia Gomez, 52, was riding in the passenger seat and suffered a fractured sternum.

Rodriguez and Gomez sued Gonzalez-Varillas and The Original Mowbray’s Tree Service, Inc., which owned the vehicle he was driving. Suit alleged negligence, negligent entrustment, and negligent hiring and supervision; and sought damages for loss of consortium. The plaintiffs asserted that Original Mowbray’s knowingly permitted Gonzalez-Varillas to drive its vehicle despite knowing he did not have a license.

The jury awarded $84 million, including $49 million in punitive damages.

Citation: Rodriguez v. Original Mowbray’s Tree Servs., Inc., No. CIVDS2004809 (Cal. Super. Ct. San Bernardino Cnty. July 16, 2024).

Plaintiff counsel: Trevor M. Quirk and Leonidas Nicol, both of Ventura, Calif.; and Iman Jaffrey, Encino, Calif.