California Verdicts

Plaintiff(s):

Rosa Rabb

Jerry Rabb (Male, 45 Years)

Plaintiff Attorney(s):

Thomas A. Schultz;
Panish Shea & Boyle LLP;
Los Angeles,
CA,
for
Rosa Rabb, Jerry Rabb ■ Deborah S. Chang;
Panish Shea & Boyle LLP;
Los Angeles,
CA,
for
Rosa Rabb, Jerry Rabb ■ Austin G. Ward;
Panish Shea & Boyle LLP;
Los Angeles,
CA,
for
Rosa Rabb, Jerry Rabb

Plaintiff Expert(s):

Kevin Calvo; C.P.O.; Prosthetics; San Diego,
CA called by:
Thomas A. Schultz, Deborah S. Chang, Austin G. Ward ■ Jerome Stenehjem; M.D.; Physical Medicine; San Diego,
CA called by:
Thomas A. Schultz, Deborah S. Chang, Austin G. Ward ■ Michael Nakada; Ph.D.; Economics; San Diego,
CA called by:
Thomas A. Schultz, Deborah S. Chang, Austin G. Ward ■ Raymond Vance; M.D.; Orthopedic Surgery; San Diego,
CA called by:
Thomas A. Schultz, Deborah S. Chang, Austin G. Ward ■ Stephen Plourd; Accident Reconstruction; San Diego,
CA called by:
Thomas A. Schultz, Deborah S. Chang, Austin G. Ward ■ Elizabeth Holakiewicz; R.N.; Life Care Planning; Carlsbad,
CA called by:
Thomas A. Schultz, Deborah S. Chang, Austin G. Ward

Defendant(s):

Tony Lee Royer, 

The State of California

Defense Attorney(s):

Paul T. Hammerness;
Office of the Attorney General;
San Francisco,
CA,
for
Tony Lee Royer, The State of California ■ Grayson W. (Trey) Marshall, III;
Office of the Attorney General;
San Francisco,
CA,
for
Tony Lee Royer, The State of California

Defendant Expert(s):

Rick Chavez;
Pain Management;
Redondo Beach,
CA called by:
Paul T. Hammerness, Grayson W. (Trey) Marshall, III ■ Vina Spiehler;
Toxicology;
Newport Beach,
CA called by:
Paul T. Hammerness, Grayson W. (Trey) Marshall, III ■ David Smith;
Addiction Medicine;
San Francisco,
CA called by:
Paul T. Hammerness, Grayson W. (Trey) Marshall, III ■ David Casteel;
Accident Reconstruction;
El Cajon,
CA called by:
Paul T. Hammerness, Grayson W. (Trey) Marshall, III ■ Doreen Casuto;
Life Care Planning;
San Diego,
CA called by:
Paul T. Hammerness, Grayson W. (Trey) Marshall, III ■ Robert Hall;
Economics;
Stanford,
CA called by:
Paul T. Hammerness, Grayson W. (Trey) Marshall, III ■ Walter Strauser;
Physical Medicine;
San Diego,
CA called by:
Paul T. Hammerness, Grayson W. (Trey) Marshall, III

On Nov. 9, 2011, plaintiff Jerry Rabb, 45, a senior apprentice lineman at the Imperial Irrigation District in El Centro, was riding his 1995 Road King Harley Davidson motorcycle east on Main Street in El Centro. At the same time, a 2007 Chevrolet Silverado, operated by state of California employee Tony Lee Royer, who was performing work for California’s Air Resources Board, was traveling west on Main Street. As Royer attempted a left turn, he struck Rabb’s left leg and motorcycle, allegedly causing injuries to Rabb’s head, chest and leg. Rabb sued Royer and Royer’s employer, the state of California. Rabb alleged that Royer was negligent in the operation of the Chevrolet Silverado and that the state was liable for Rabb’s actions while action in the course and scope of his work. The matter proceeded to a bifurcated trial. Rabb claimed that Royer caused the accident by making an improper left turn. Royer claimed that Rabb was speeding, making him at least partially liable for collision.

Rabb sustained catastrophic injuries to his left leg, a traumatic brain injury, and multiple rib fractures that caused a left hemopneumothorax and respiratory arrest. By the time he arrived at an emergency room, Rabb was in hemorrhagic shock, requiring massive blood transfusions and emergency life-saving measures. His left leg was ultimately amputated below the knee, and he endured numerous infections and complications, as his stump failed to close or heal. He also had multiple surgeries and treatments, and subsequently developed heterotopic ossification. By the time Rabb was discharged from the hospital and rehabilitation at the end of December 2011, he had lost over 40 pounds and his open stump had not healed. Over the next six months, he required treatment at the Imperial Valley Wound Healing Center, in El Centro. Rabb’s treatment at the wound healing center included multiple debridements; treatments for infection and ulceration; Apligraf, a skin substitute; and hyperbaric oxygen therapy. Rabb was subsequently diagnosed with nerve pain and neuromas, and he required chronic pain management. Although Rabb was fitted for a prosthetic, he had continued difficulties using it because of the complications with his healing stump. At the time of the trial, he was mostly using a wheelchair and crutches. The plaintiffs’ orthopedic surgery expert testified that future surgeries may be needed to address Rabb’s heterotopic ossification. Experts for both sides agreed that Rabb would never be able to return to his job as a lineman. Although the defense’s experts opined that Rabb would be able to return to work, the plaintiffs’ experts disagreed. Prior to the incident, Rabb was a motorcycle enthusiast and founder of the "Buffalo Riders." However, after sustaining his injuries and below-the-knee amputation, Rabb has had difficulty riding for extended periods of time and has stopped going on long trips. Rabb’s wife, plaintiff Rosa Rabb, testified that she has been married to Mr. Rabb since 1987 and that their family includes two adult sons and two adult daughters. She claimed that she had enjoyed riding with her husband on motorcycle tours prior to the incident. Thus, Ms. Rabb sought recovery of damages for her loss of consortium. During the damages phase, defense counsel claimed that Mr. Rabb was a methamphetamine addict, noting that positive drug test results appeared in Mr. Rabb’s medical records. Thus, counsel argued that Mr. Rabb’s use of drugs and alcohol impaired his quality of life. In response, the plaintiffs’ medical expert opined that the drug results noted by defense counsel were due to Mr. Rabb’s use of a Vicks vapor inhaler. The expert also denied there was excessive alcohol use.

The jury found the state of California and its driver, Royer, to be 100 percent liable for the incident and Rabb’s damages. It also determined that the Rabbs’ damages totaled $9,923,387.87, which included $9,628,387.87 for Mr. Rabb and $300,000 for Ms. Rabb.

Jerry Rabb: $1,200,000 Personal Injury: Future Medical Cost; $486,000 Personal Injury: Past Lost Earnings Capability; $1,700,000 Personal Injury: Future Lost Earnings Capability; $737,388 Personal Injury: Past Medical Costs (stipulated); $4,000,000 Personal Injury: Past Non-Economic Damages; $1,500,000 Personal Injury: Future Non-Economic Damages; Rosa Rabb: $300,000 Personal Injury: Loss of Consortium and Past and Future Non-Economic Damages

Judge:

L. Brooks Anderholt

Demand:

None reported

Offer:

$1,320,000

Trial Length:

6
 weeks

Trial Deliberations:

2
 days

Post Trial:

Defense counsel’s motion for a new trial was denied by Judge L. Brooks Anderholt on March 3, 2016.

This report is based on information that was provided by plaintiff’s’ counsel. Defense counsel did not respond to the reporter’s phone calls.