Trial Magazine

Faustino Solorio, 51, stood behind the tailgate of his truck, which was parked temporarily on the side of a road. Gunnar Ayala, a parts delivery person for Nissan of San Bernardino, bought gas after finishing his shift. Shortly after, he made a right turn and struck Solorio.

Solorio, who was thrown through the front windshield of Ayala’s vehicle, suffered injuries that necessitated amputation of his left leg. He also required removal of his spleen, which was lacerated in the collision.

Solorio incurred medical expenses of about $2 million and now requires a wheelchair and other assistive devices. He is unable to return to work as a landscaper.

Solorio sued the dealership and several related dealership entities, alleging liability for the negligence of its employee and agent. The plaintiff argued that at the time of the incident, Ayala was using his own car and had been instructed to pick up a part at a nearby dealership. The defense denied liability, arguing that Ayala had been working as an independent contractor.

The jury awarded Solorio $46 million.

Citation: Solorio v. Nissan of Fontana, Inc., CIVDS1512469 (Cal. Super. Ct. San Bernardino Cnty. Aug. 9, 2016).

Plaintiff counsel: AAJ members Mark P. Robinson Jr. and Scot D. Wilson, both of Newport Beach, Calif.