• Kea v. Regrutto, Mathews; Pima County Cause No. C-308591. Jury awards $7.5 million to parents of high school student killed in a single vehicle roll- over accident. Evidence showed that driver and front seat passenger attempted to switch seats while vehicle was travelling on interstate. Vehicle went out of control and client’s daughter was ejected from vehicle resulting in her death. Defense argued that her death was caused by her failure to use a seat belt. Jury rejected the seat belt defense and awarded the parents their full measure of damages.
• Prado v. City of Tucson; Pima County Cause No. 331575. Jury awards 73 year old woman $178,317.73 against the City of Tucson for fractured hip and other injuries she sustained when she tripped over flower pot that was used to prop open doors at the El Rio Neighborhood Center in Tucson. The City of Tucson argued that the condition was an open and obvious condition and that the client was 100% at fault for her injuries. The City of Tucson had refused to make a settlement offer prior to trial.
• Hernandez v. Kelly; Pima County Cause No. C2007 1308. Jury awards single mother of two children $168,726.00 for injuries she sustained when she was rear ended by the Defendant driver. As a result of the collision Ms. Hernandez sustained multiple injuries, including injury to her back with radiating symptoms into her leg. Cost of treatment was over $9,000.00. After repeated requests, Defendant’s insurance carrier refused to pay its $15,000.00 policy limit. Case went to trial and jury awarded $168,726.00. However, due to sanctions imposed by the Court, Defendant’s insurance carrier eventually had to pay Ms. Hernandez $270,802.76.
• Davila and Murillo v. Jackson; Mohave County Cause No. CV 2003-363. Jury awards $140,000.00 to a passenger of a taxi cab and $40,000.00 to the driver. Prior to trial, Defendant and his insurance company denied liability and only offered $1,000.00 to each of the clients. At time of the collision, the taxi cab driver and his passenger were stopped in the emergency safety lane of Interstate to assist a disabled motorist. As clients were at a complete stop in the taxi, the taxi was rear ended by the Defendant, who was traveling 65 m.p.h in his full sized Pick-up truck while towing a travel trailer. Clients each sustained multiple injuries including injuries to their back. Defendant argued that prior to impact his right front tire deflated due to “ an act of God” and therefore the collision occurred through no fault of his own. Defendant also argued that clients were at fault for the collision. Despite repeated requests by Attorney Vasquez to have the opportunity to inspect and photograph the truck, tires, and trailer at issue, Defendant and his insurance company allowed the truck and its tires to be destroyed before Attorney Vasquez and his experts could inspect and photograph them. Attorney Vasquez was successful in convincing the trial judge to dismiss all of the Defendant’s defenses due to the destruction of critical evidence by the Defendant and his insurance company. The case went to trial on the issue of damages only.