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Motorcyclist awarded damages for serious injuries after accident with a truck and a car

Accident Type: 
Motorcycle Accident
Incident Date: 
Wednesday, May 28, 2008
Result Date: 
Friday, July 9, 2010
Monetary Result: 
$1,162,022
On May 28, 2008 Eddie Trujillo was operating his motorcycle south in the high occupancy vehicle lane on Interstate 405 in Bellevue, WA. At the same time, Martin Vasquez was driving a 1999 Century Freightliner Truck owned by his employer Esparza Truck Inc. in the fast lane adjacent to Trujillo. Vasquez then collided with a Kia to his right operated by Dakoda Rooney. The impact of the collision resulted in the Kia to spinning out of control. Vasquez then broadsided the Kia a second time, propelling it into Trujillo's lane. His motorcycle then crashed into Rooney’s Kia. Trujillo’s motorcycle was totaled in the collision. Vasquez was cited for an unsafe lane change, failure to keep right, and defective brake adjustment. Trujillo claimed he sustained a flail chest, fractured clavicle, post-­traumatic stress disorder, and brain injury as a result of the collision. Trujillo and his wife, Yolanda Trujillo, filed a vehicle negligence lawsuit against Esparza Truck, Vasquez and his wife, Constantina Mandujano, and Rooney and her husband, Bryant Rooney in the King County Superior Court. In their first amended complaint, the plaintiff alleged Vasquez and Dakoda caused the accident by negligently changing lanes. The Trujillos claimed Vasquez was negligent because he failed to drive his truck in the right hand lane. The Trujillos claimed Vasquez acted within the scope of his employment, rendering Esparza Truck liable under the doctrine of respondeat superior. The plaintiffs sought damages for Eddie’s injuries, almost $50,000 in medical expenses, pain and suffering, loss of enjoyment of life, over $440,000 in lost wages and employment benefits, impairment of earning capacity, transportation expenses, housekeeping expenses, and over $7,200 in property damage. Yolanda also sought damages for loss of Eddie’s consortium. The Rooneys denied the allegations of negligence and claimed the plaintiffs’ own negligence, failure to mitigate their damages, and the negligence of Esparza Truck and Vasquez, as defenses. The defendants sought entitlement to indemnity and contribution from Esparza Truck and Vasquez. They also questioned the nature and extent of the plaintiffs’ claimed injuries and damages. The Rooneys filed a cross­claim against Esparza Truck and Vasquez, allegating that Vasquez’s negligence resulted in the incident. They sought damages for Dakoda’s injuries, medical expenses, and property damage. Esparza Truck and Vasquez denied the allegations of negligence and asserted the plaintiffs’ failure to mitigate their damages as an affirmative defense. They claimed Vasquez was driving in his lane of travel and did not attempt to change lanes at the time of the accident. The defendants also disputed the nature and extent of the plaintiffs’ claimed injuries and damages. Esparza Truck and Vasquez filed a cross­claim against the Rooneys, alleging Dakoda’s negligence proximately caused the incident. Esparza Truck and Vasquez reportedly accepted liability and agreed to settle the Rooneys’ cross­claim against them. The court granted the plaintiffs’ partial motions for summary judgment finding Eddie fault free and the negligence of either or both Vasquez and Dakoda caused the collision. The plaintiffs were awarded $49,946.56 in medical expenses. The defendants’ affirmative defenses were also dismissed. Jurors returned a verdict July 9, 2010, finding Esparza Truck and Vasquez were negligent and their negligence was a proximate cause of the injury and damages to the plaintiffs. The panel determined Dakoda was not negligent. Eddie was awarded $1,080,772 and Yolanda was awarded $81,250. Judge Carol Schapira entered judgment in accordance with the verdict July 29. Judge Schapira ordered Esparza Truck, Vasquez, and Mandujano to pay $556.78 for attorney fees and court costs.