EL CENTRO, Calif.--(BUSINESS WIRE)--An Imperial County Superior Court jury has awarded nearly $10 million to a man who suffered a below the knee amputation after he was struck by a vehicle driven by a State of California employee. The plaintiff was represented at trial by Deborah Chang, Tom Schultz, and Austin Ward of Panish Shea & Boyle LLP. The plaintiff was also represented in the case by attorneys Robert A. Espinosa and Terry Singleton.
On November 9, 2011, 45-year-old Jerry Rabb was riding his 1995 Road King Harley Davidson motorcycle eastbound on Main Street in El Centro, California. Defendant Tony Lee Royer, who was performing work for California’s Air Resources Board at the time, was driving a 2007 Chevrolet Silverado westbound on Main Street and made an improper left turn in front of Rabb, striking Rabb’s motorcycle. As a result of the collision, Rabb suffered catastrophic injuries, including a lower left-leg amputation.
At trial, the court bifurcated liability and damages. The jury found the defendant to be 100 percent responsible for the crash, even though the defense claimed the plaintiff was speeding on his motorcycle. In the damages phase, the defense claimed the plaintiff was a drug and alcohol addict and was not deserving of a substantial award. The jury's $9,928,387.87 verdict sent a resounding answer that they disagreed with the defendants' portrayal of the plaintiff who has suffered greatly since the accident.
Pretrial, the defense only offered $1.32 million to settle the case, believing that the jury would not exceed the prior record verdict in an Imperial Country personal injury case of $5.6 million. That verdict was also obtained by Panish Shea & Boyle LLP nearly a decade ago. The verdict rendered in this case was nearly double the prior record and followed on the heels of another $5.1 million El Centro verdict obtained by Panish Shea & Boyle LLP in October. It is believed that Panish Shea & Boyle LLP now holds the top three largest personal injury verdicts in Imperial County's history.
Prior to the accident, Mr. Rabb was employed as a senior apprentice lineman at Imperial Irrigation District (IID) in El Centro. He enjoyed motorcycle riding and was the founder of the Buffalo Riders. Mr. Rabb has been married to his wife, Rosa, since 1987, and they have four adult children.
"Jerry Rabb dedicated his working life to serving Imperial County and had always dreamed of becoming a journeyman lineman. He was happiest when he was climbing poles and bringing light and power to his community when it needed it the most," said attorney Deborah Chang. "Like all IID linemen, he is a true hero, and it was our privilege to represent him and his wonderful wife, Rosa, in what turned out to be the longest trial ever tried in Department 9 (Judge Anderholt). We are truly grateful to the jurors for their verdict and public service."
The defendants were represented at trial by Deputy Attorneys General Grayson W. Marshall III and Paul T. Hammerness.
Panish Shea & Boyle LLP has obtained numerous multimillion-dollar verdicts in catastrophic lower limb injury and motorcycle collision cases in the last several years, including $34,555,220 in January 2015 for a man who suffered a below-the-knee amputation after he was hit by the trailer of a semi-truck while standing on a Los Angeles sidewalk. In 2013, the firm obtained a $19,466,000 jury verdict for a man and his wife after the man suffered severe crush injuries to his lower extremities when he was hit by a truck while riding his motorcycle and a $17,120,662 verdict for an 85-year-old man who suffered a leg amputation after being hit by bus.
Jerry Rabb and Rosa Rabb v. Tony Lee Royer, The State of California,
et al.
Superior Court of California, County of Imperial
Case
No. ECV07069
Hon. L. Brooks Anderholt, Dept.9
