Jury awards $7 million in UPS truck crash case

[Conservativesux]

Jury awards $7 million in UPS truck crash case

The tractor driver hit in the accident is now disabled.

By Ramon Coronado -- Bee Staff Writer

Thursday, February 24, 2005

A Sacramento Superior Court jury has ordered United Parcel Service to pay $7 million in the case of a 72-year-old farm laborer who was left disabled after his farm tractor was rear-ended by a UPS truck more than three years ago.

"This man took nothing from anyone but the opportunity to work, and now for the rest of his life he is an invalid," said Sacramento lawyer Roger Dreyer, who represented Jose Servin.

The jury awarded Servin $6.47 million for his medical expenses, lost earnings and future costs of his care. The jury also awarded his wife, Celia Servin, $500,000 for the loss of her husband's companionship.

Dreyer, who won the judgment against UPS late Friday, said Servin, an undocumented immigrant from Mexico, is the father of six adult children.


More at:
http://www.sacbee.com/content/news/courts_legal/story/12442481p-13298664c.html

[AP]

1. 7 million seems a little low

...compared to similar cases I've heard of.

However, it all depends on how negligent the driver was and how badly injured the plaintiff was.

UPS is a pretty decent employer and trains its employees well, so the driver was likely at the low end of the negligence scale.

[Conservativesux]

2. Question: Why is an undocumented worker driving a tractor on a highway?

I have seen these people drive tractors, pickup trucks and other equipment and obviously they cant legally have a valid drivers license if they dont have a valid "green card" to work here.

A couple of years ago a poor young lad was killed by one of these undocumented Mexican "workers" who was pulling a carry-all (a trailer that has chains to lift agricultural plows and other devices to tow behind a pick-up truck to move it to another field) at night,in the dark, against the law, killing the lad as the disks ripped through his car, taking his head off.

He never saw it coming!

Where where HIS rights then ???

[oasis]

3. The UPS corporate lawyers probably asked the same question. The

judgement went against UPS so obviously Mr. or (senor) Servin was within his rights to operate the vehicle on the highway.

The award was rather skimpy.

[Conservativesux]

7. Was he? As an illegal immigrant, I am not so sure about that "fact".

[Mairead]

19. The man worked for 30 years for the same employer

according to the article. There's been at least 1 amnesty in that time. He sounds legal to me, even if he never did the paperwork (many didn't).

[oasis]

25. "Fact" is, the jury ruled in favor of the plaintiff. The jury would have

taken his legal right to operate a vehicle that into consideration during the trial proceedings. That would likely be brought up by UPS corporate lawyers.

The judge would explain to them how the law applied in the plaintiff's case before deliberation.

[alwynsw]

4. About the driver's license

I know of no state that requires a license to operate farm machinery on public roadways. California may be an exception.I feel for the guy, but I feel compelled to point out that undocumented = in the U.S. illegally.

I have a problem with any settlement that doesn't include deportation. The U.S remains one of the easiest nations in the world to enter legally.

[Conservativesux]

5. Operate Ag machines on county roads, yes. On Interstate freeways? NO!

Thats a recipe for disaster, as I have seen time and time again.

[alwynsw]

12. I agree completely

Unfortunately, some areas in some states allow farm machinery on interstates because there are no secondary roads to use in those areas.

I'm not familiar with the area in question, but there are a number of areas in all western states that fit this description. It's especially true of AZ, NM, NV, UT, MT.

[Conservativesux]

17. They could use a following vehicle with flashers to warn the car...

drivers of the slow moving tractors moving ahead, but they dont.

They could also use lowboy trailers to safely transport the equipment up to a legal moving speed.

It makes no sense to me at all why this is allowed to occur, year after year.

[alwynsw]

18. Expense is a major reason

It takes a minimum of $200.00 to get a vehicle escort service to show up. You can't get a lowboy to turn around in your drivway for leass than $500.00.

I don't see the issue with having a co-worker or a farm owner following in a pickup or similar. OF course, most tractors, combines, etc. produced today have flashers on them. Our old Case 200 from 1955 had 'em. Otherwise the law in all states requires a slow moving vehicle (reflective, neon orange) triangle to be attached to the vehicle.

But then, the majority of the blame goes to the UPS drier here. I've driven on probably 90% of the U.S. interstate system. Unless vandalism is involved, efery area that allows vehicles other than the norm for interstate usage has signs posted to that effect.

Best message here: If you're driving, pay attention to what you're doing. That won't stop accidents, but it will certainly decrease them.

[Conservativesux]

6. Sooner or later we are going to have to address the illegal immigration..

issue, and this is a prime example of why we need to have documented workers working here, not this continued abuse on the borders.

[AP]

9. If this was a state court decision, I disagree. I don't think it's...

...the business of state courts to enforce federal immigration law.

And even if it's a federal court, it's not the judge's business to deal with matters not before it.

This is a matter between two private parties. Let the Federal Government try to join the claim if they want to, but make them follow the jurisdiction's rules on third party impleading (or whatever it's called).

[alwynsw]

13. Agreed on jurisdiction, but

It's also the job of every officer of the court to report violations of law - state or Federal. IF the judge, attorneys, or any of the bailiffs was aware of the immigration status of the plaintiff (based upon the information in the article, they most certainly should have been), the person(s) with that knowledge should have referred it to the proper authorities.

Allow me to clarify my position a bit. We are an immigrant nation. There are no native peoples. Even the folks we refer to as Native Americans got here via immigration, albeit several thousand years ago (around 30,000 - 40,000 as I recall), across either a now defunct land bridge or by boat. I'm in favor of lowering immigration requirements. So long as potential immigrants who are not seeking legitimate political asylum can either be supported by the private sector or gain employment to support themselves; I say, "Come on in!" I'm not in favor of allowing immigration that requires Federal or state income to support the immigrant(s).

My statement was simplified because I don't care for typing.

[AP]

21. The court shouldn't decide issues not fully and adequately argued before..

..it.

That can't just make decisions about this guy's status when his status isn't fully explored and evidence isn't presented.

And, by the way, even a visitor to the US could sue for negligence.

If you went to France, for whatever reason, and someone negligently injured you, the French court wouldn't deny your claim just because, say, you overstayed your visa.

[nothingshocksmeanymore]

26. Problem is if you take away his right to sue or punish him now, you give

corporations MORE incentive to hire him. Imagine if you can hire people who are barred for recovering from injuries...there's a way to keep your overhead down.

BTW..why would you deport him now? He worth 7 figures and can afford his medical care without burdoning society?

[AP]

8. Driving without a license is something a LOT of people do in America,

whether documented or not. And if not being licensed had nothing to do with UPS's negligence, then I don't see how justice would be served by UPS not being responsible for what they did wrong.

BTW, just yesterday I read that the police arrested a guy in Long Island they suspece to murdering his ex-sister in law.

Know how they got him?

He didn't have a valid driver's license so they waited for him to get in his car a drive to work.

He was a citizen.

As for the kid who got killed -- what does that have to do with this? You think undocumented workers are going to be encouraged by this 7 mil award? They're going to want to drive around until someone negligent runs into them?

[sandnsea]

22. Sue the farmer

I mean come on, do you think the tractor belonged to the illegal immigrant??? UPS was sued for the actions of its employee, the farmer should be sued for the actions of his employee. Simple simple.

[Guckert]

20. Damn frivolous lawsuit, this guys should just suck it up and move on. duh

I'm sure if the guy Laura Bush killed in her car accident lived he would not have sued her.
Damn lawyers its their fault. Not UPS

[tcoursen]

10. What were his injuries?

I tried the link but it wants me to register, so I couldn't read the whole story.

How severe, and what were his injuries?

Some have posted they think this is too low. To me 6.4 million certainly seems like a lot.

[Richard Steele]

11. For links like this, use BugMeNot.com....

http://www.bugmenot.com/

The story says he has brain damage,and is now confined to a wheelchair with trouble speaking and moving his left side.


Would anyone trade places with him for 7 million?

[tcoursen]

14. thanks

Thanks for the link on the bugmenot, I will try that in the future.

Those are very serious injuries and that award doesn't seem outrageous. it isn't like it is one of those cases where the guy is claiming back injuries and then is caught out on a golf course playing golf. This guy deserved something.

[Runcible Spoon]

15. my mom was hit by a FedEx truck a few months back....

don't know how UPS does it but FedEx employees are given bonuses for "effecient" service, delivering more packages etc. This unfortunately leads them to drive like maniacs on tiny country roads like the one my mom lives on. The driver came roaring around a blind curve and rearended her. She wasn't hurt but was really scared and her car was pretty wrecked. She's not the suing type, tho. Years before the Hot Coffee Woman sued, my mom had hot coffee spilled on her in a McDonald's drive thru and suffered 2nd degree burns on her breasts, stomach, and thighs.

[sandnsea]

23. The other lady had 3rd

And needed skin grafts in her crotch area. Not that I don't feel bad for your mom, burns are horrifying and some 2nd degree burns are actually worse to endure than 3rd because all of the nerves aren't burnt up. Some people don't know about the skin graft part of the coffee story though, that's why I added it.

[GarySeven]

16. According to Bush's supporters, the tractor driver would be "lucky"

After all, all jury awards are "jackpots" issued as a result of "friovolus lawsuits" filed by "greedy lawyers."

[sandnsea]

24. That's a good idea

We should have an agenda to post every day about one of these lucky duckies. We could have the "Good Luck Gimp" of the day.