Tomasa Cuevas, Alejandro Cuevas, Maritza Cuevas v. Ajit Singh Rai dba Rai Transport

Case Name: Tomasa Cuevas, Alejandro Cuevas, Maritza Cuevas v. Ajit Singh Rai dba Rai Transport
Court and Case Number: Kern County Superior Court / BCV-18-100615
Date of Verdict or Judgment: Wednesday, December 18, 2019
Date Action was Filed: Thursday, March 15, 2018
Type of Case: Vehicles - Intersection, Vehicles - Truck vs. Auto
Judge or Arbitrator(s): Hon. Stephen D. Schuett
Plaintiffs:
Tomasa Cuevas, 45.
Alejandro Cuevas, 17.
Maritza Cuevas, 15.
Defendants:
Ajit Singh Rai, owner of defendant transport company.
Type of Result: Jury Verdict

Gross Verdict or Award: $70,578,289
Award as to each Defendant:
The verdict included $26 million for Alejandro who accepted a full scholarship to UC Davis. The jury limited damages for future economic loss to $590,855, but awarded $11 million for past non-economic losses and $14.5 million for future non-economic losses.
The jury gave Tomasa nearly $39 million, including $13 million for past non-economic losses and $19.5 million in future non-economic losses as well as $6,487,434 in future economic losses.
The jury gave Martiza $5.5 million, with $3.5 million in past non-economic losses and $2 million in future non-economic losses.
Economic Damages:
For Alejandro, the jury limited damages for future economic loss to $590,855.
For Tomasa, the jury gave $6,487,434 in future economic losses.
Non-Economic Damages:
For Alejandro, the jury awarded $11 million for past non-economic losses and $14.5 for future non-economic losses.
The jury gave Tomasa $13 million for past non-economic losses and $19.5 million in future non-economic losses.
The jury gave Martiza $3.5 million in past non-economic losses and $2 million in future non-economic losses.
Trial or Arbitration Time: 12 days
Post Trial Motions & Post-Verdict Settlements: Defendants' motion for new trial was granted in part, with a remittitur issued on the issue of Tomasa Cuevas's future economic damages.

Attorney for the Plaintiff:
The Law Firm of Joseph H. Low IV by Joseph H. Low IV, Long Beach.
Rodriguez & Associates by Daniel Rodriguez, Danay S. Gonzalez and Chantal A. Trujillo, Bakersfield.
Attorney for the Defendant:
Bishop | Barry by Aaron C. Hancock, Emeryville.

Facts and Background:
Plaintiff Tomasa Cuevas was driving her two children to go shopping in Bakersfield when their SUV was T-boned by defendant Rai Transport's pickup truck with trailer that ran a red light. The driver declared bankruptcy and did not participate in the trial. Defendant trucking company is a small, independent operator.
Plaintiff's Contentions:
That the collision was avoidable because defendant should not have been driving since his license was suspended due to over a dozen prior accidents.
Defendant's Contentions:
Defendant denied the contentions.

Physical Injuries claimed by Plaintiff:
Tomasa Cuevas, mother of four, suffered skull and facial fractures and a brain bleed. Her olfactory nerves were ripped out and her vision is damaged.
Alex Cuevas, decorated high school cross-country runner and Tomasa's son, suffered skull and facial fractures, dislocated hips, and a brain bleed.
Maritza Cuevas, Tomasa's daughter, suffered scratches and has been diagnosed with post-traumatic stress disorder.

JURY VERDICT ALERT