Jury Awards San Bernardino Man $46 Million for Leg Amputation

August 10, 2016
Contact: Gina Fernandes

SAN BERNARDINO, Calif. August 10, 2016— A jury awarded a San Bernardino man $46 million in damages on Tuesday for injuries he suffered in a roadside accident involving a driver who worked for Nissan of San Bernardino.

The plaintiff, 53-year-old man, was catastrophically injured on September 10, 2013, when a Nissan parts delivery driver made a right turn and struck him on the side of the road in Redlands. The plaintiff, who worked as a landscaper, was standing on the shoulder of the road, behind the tailgate of a truck when the defendant driver struck him.

The impact forced the plaintiff through the front windshield of the defendant driver’s car causing serious leg injuries that resulted in the amputation of his left leg. The collision also caused lacerations to the plaintiff’s spleen, which had to be removed because of the injuries.

During the trial, which lasted nearly two weeks, Robinson Calcagnie, Inc. attorneys Mark Robinson Jr. and Scot Wilson argued the defendant driver was negligent while in the course and scope of his job at the dealership. Attorneys for the Nissan dealership insisted the defendant driver was an independent contractor and that the company was not liable for his actions. It took the jury less than two hours to reach a unanimous decision that Nissan was liable for a total of $46 million ($2 million for future medical expenses, $6 million for past pain, suffering, disfigurement and physical impairment, and $38 million for future pain, suffering, disfigurement, and physical impairment).

“We are very happy for our client.  His life has been extremely difficult since losing his leg, and it will continue to be difficult, but we’re very happy that the jury arrived at a just result,” said Mark Robinson Jr.

The Robinson Calcagnie, Inc. trial team also included Shannon Lukei, Henry Pan, Diana Folia, Darleen Perkins and Tony Nakamura. Robinson Calcagnie, Inc. is one of the nation’s leading personal injury, products liability and business litigation law firms. The firm’s lawyers have represented thousands of public entities, businesses and individuals in cases where fraud, negligence, malfeasance or corporate irresponsibility has caused property damage, wrongful death, personal injury or significant business losses.