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Decorah-based attorneys Nicholas Rowley, Daniel Rodriguez, and Alejandro Blanco of Trial Lawyers for Justice have won a record jury verdict in a trial in Bakerfield, California.
The $31 million verdict in favor of the plaintiffs is said to be the largest personal injury verdict ever in Kern County, California.
The case involved 16-year-old Rosie Landeros, who was driving to the movies with her sister, 25-year-old Marta Landeros, on June 14, 2007.
The defendant, Gustavo Davalos Torres, ran a stop sign and struck the Landeros' car, causing Rosie to have a brain injury and resulting foot drop paralysis and residual brain injury problems. Toxicology tests found Torres to have been driving with a blood alcohol content of .16, twice the legal limit.
At the trial defense lawyers claimed that Torres was suffering from a diabetic coma, but the jury rejected that defense.
After a day of deliberations the jury returned a verdict of over $31 million dollars in favor of the plaintiff. The jury awarded over $8 million in economic damages (medical expenses and lost earnings) and over $22 million in non-economic damages.
The insurance company which must pay the award is expected to appeal the verdict, which could drag out the case another two years.