Defense Verdict in Brain Injury Case - Plaintiff demanded $19 million

February 9, 2015

A San Bernardino jury returned a verdict in favor of a truck driver training school, represented by Murchison & Cumming attorneys Scott L. Hengesbach and Claudia Borsutzki.

In the case, Richard Boyes v. Roadmaster Drivers School of Fontana, Inc., Mr. Boyes fell when exiting the cab of a school-owned tractor-trailer and hit his head. He claimed that the school did not provide sufficient water to stay hydrated or shade in extreme heat on the school's skill training pad and neglected to call the paramedics after his fall. He alleged to have suffered a severe brain injury.

The defendant denied its negligence. It contended that it provided enough water and shade at the school and acted reasonably when it did not obtain medical attention given the absence of outward evidence of an injury and the plaintiff's repeated statement that he did not want the defendant to call for medical attention. The defendant was able to present enough evidence to raise sufficient doubt in the mind of the jury as to the validity of plaintiff's alleged damages. The jury concluded that although the defendant should have obtained prompt medical attention for the plaintiff, the failure to do so was not a cause of the plaintiff's injuries and damages.

After 14 days of trial, the jury returned a 12-0 verdict for the defense.