And the Verdict is…

Insurers: Allstate Insurance Co. and Interboro Mutual Indemnity Insurance Co.

Demand: $2,000,000 prior to trial, reduced to $920,000 immediately before trial with contributions of $750,000 from TJ Transportation, $100,000 from Rosa (previously tendered) and $70,000 from plaintiff's mother's UIM carrier (Allstate Co.)

On Jan. 23, 2011, plaintiff Chanttel Ortiz, 19, was a rear-seat passenger in a vehicle driven by Luinis Rosa on U.S. Route 1/9 in Elizabeth, N.J. When they reached the vicinity of Newark Liberty International Airport, their vehicle struck the right rear corner of a gas-tanker truck that was stopped on the shoulder of the highway. The impact sent the vehicle over 40 feet of snow-covered grass and it ended up wedged under the trailer of a second truck, which was leaving a Budweiser plant.

Ortiz suffered severe facial injuries and sued her host driver, Rosa; the owner of her host vehicle, Juan Sufran; the owner of the stopped tanker truck, TJ Transportation LLC; the tanker truck's driver, Julio A. Alers; and a lien holder against the tanker-truck rig, Sunbridge Capital Inc. (Also named as defendants were the driver of the second truck and various insurers associated with the trucks and trailers; these defendants achieved dismissals prior to trial or forbearance from at trial. In addition, two other car passengers, Keisha Figueroa and Roberto Carrasquillo, joined in the initial lawsuit but their injuries were less severe, and were disposed of by confidential settlements prior to trial. Rosa settled with Ortiz prior to trial when he tendered his $100,000 primary coverage.)

The lawsuit proceeded against Alers and TJ Transportation. It was established that Rosa was driving 65-75 mph in the southbound lanes of route 1/9 and was weaving between lanes. The posted speed limit was 55 mph. Rosa said that another automobile, which was never found, forced him to the shoulder of the road. Rosa's car skidded about 95 feet before it struck the rear corner of the gas tanker owned by TJ Transportation and driven by Alers. Initially, Alers told the other truck driver that he had pulled over because he was tired, but later he stopped on the shoulder after an alarm went off signaling problems with his truck's airbrakes. It was established that an alarm had gone off in the tanker to warn of an airbrake problem about one mile before the area of the shoulder where Alers eventually pulled over.

Ortiz produced testimony from a trucking expert indicating that Alers passed by nine other opportunities to pull over after the alarm sounded. An inspection of the truck revealed eight mechanical problems involving the truck's air-pressure system and brakes. The lawsuit alleged that Alers failed to activate the truck's warning lights and put out warning signs after pulling to the side of the highway. Alers and TJ Transportation blamed the accident entirely on Rosa. A defense expert testified that Rosa was speeding and driving too close behind a bus, which made it difficult for him to see the tanker parked on the side of the road.

Ortiz suffered severe, non-fracture facial injuries which included degloving of a substantial portion of her face. Although Ortiz underwent numerous plastic surgery procedures, she is left with significant and visible facial scarring. She also suffered a fracture of her left (non-dominant) wrist.

Ortiz was admitted to the New Jersey University for three days, where she underwent the first of five plastic surgeries. The plastic surgeon, who performed the last four surgeries, testified that she will require an additional six plastic surgeries.

Ortiz claimed a significant psychological overlay to her traumatic injuries and her facial scarring in particular. Since the accident, she refused to be at her cousin's wedding, declined to have her college pictures taken, and became reclusive. Her mother testified that her daughter is depressed and has gained 50 pounds since the accident.

The jury found the non-settling defendants, Alers and TJ Transportation, 70 percent liable and the settling host-driver, Rosa, 30 percent liable. The jury returned a damage award in favor of Ortiz of $3 million. Since the trucking company and its driver were found to be more than 60 percent negligent, they were liable for the full $3 million verdict, less the host's $100,000 policy limit.

Information courtesy of VerdictSearch, a division of ALM Media LLC.