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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowA Marion Superior Court jury awarded an Avon man more than $42 million for serious injuries he suffered in a 2017 motorcycle crash with a pickup truck driven by a Tesla Inc. employee.
The jury returned the verdict Wednesday against Tesla Inc. and its longtime employee Kyle Kaszuba for the accident in which motorcyclist Chris Dugan was severely injured. The jury found Kaszuba 70% responsible for the accident and Dugan 30% responsible.
The 2017 collision occurred in the 6300 block of Rockville Road. Dugan’s attorneys say Kaszuba, a Tesla service manager, made a left turn in the Tesla-owned Ford Super Duty F-250 maintenance truck across double yellow lines and two lanes of oncoming traffic and struck Dugan’s motorcycle as he turned out of a gas station.
Dugan suffered a severe and permanent traumatic brain injury and a partial foot amputation.
Nick Rowley, a trial attorney representing Dugan and a co-founder of Trial Lawyers for Justice, criticized Tesla for failing to take responsibility for the crash and its impact on Dugan’s life for the past seven years.
“Tesla’s ethos can be defined by utter disregard for accountability,” Rowley said in written remarks. “Refusing to accept responsibility can result in big consequences. Tesla’s employee was in a rush that morning trying to shave off time to get to the service center and refused to wait in line with other vehicles who were appropriately making a left hand turn. He cut out of line and did something very dangerous showing a complete disregard for the safety of others on the road. A young father’s life was permanently destroyed. This verdict cannot repair the harm caused, but it will help provide Chris Dugan with the lifetime of care and support he needs.”
Indiana Lawyer reached one attorney representing Tesla, Nicholas Brunette of Reminger Co., LPA. Brunette deferred comment to attorneys with Quinn Emanuel Urquhart & Sullivan LLP., which tried the case on behalf of Tesla. They could not immediately be reach for comment.
Rowley told Indiana Lawyer Thursday it was “hands down a $60 million verdict” for Dugan, with the award amount reduced due to Dugan being found by the jury to have 30% comparative fault.
Rowley said he expects the verdict to be appealed. He said the trial was the first Indiana case to be televised nationally by Courtroom View Network.
In the original lawsuit, it was alleged that Kaszuba was operating the truck in the scope and course of his employment and/or with the express permission of Tesla, Inc., which is the complaint described as vicariously liable for Kaszuba’s negligence.
According to court records, at the time of the collision, Dugan, 37, was on his way to work.
Kaszuba saw a long line in the designated turn lane leading into a gas station, and instead of waiting in line he decided to make a left turn across double yellow lines into an adjoining empty lot, the lawsuit alleged. While making the turn, he broadsided Dugan’s motorcycle which was coming from the opposite direction.
Dugan sustained traumatic injuries including brain hemorrhage, facial and skull fractures, multiple fractures to his legs, pulmonary contusions, a toe amputation, and rib fractures. He underwent brain surgery due to a traumatic brain injury.
He entered inpatient rehabilitation for his traumatic brain injury and multiple orthopedic injuries.
Dugan continues to suffer from severe cognitive dysfunction and the inability to fully communicate, according to his attorneys. He is unable to manage his finances, care for himself or his daughter, work, or enjoy life in any meaningful way.
“Christopher Dugan has a long journey ahead of him due to his brain injury,” added Lee Christie, Dugan’s co-counsel. “This verdict will not restore this doting father, but it will help ensure this family has the resources they need in the absence of its primary caregiver.”
Dugan was represented by Trial Lawyers for Justice, and Christie, Farrell, Lee, and Bell, of Indianapolis.
The case is Christopher Dugan v. Tesla Inc. f/k/a Tesla Motors Inc. and Kyle Kaszuba, 49D04-1705-CT-018411.
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THIS IS ABSOLUTELY ABSURD!
Not sure why you are shouting or what is absurd about the jury verdict. Do you know anything about the victim in this crash, or the impact the impatience of one person has had on the victim and his family? From the article, it would seem this man will have to have 24-hour care for the rest of his life, which could be hundreds of thousands of dollars every year. How about the income he will never be able to earn to provide for his family? How about the pain and suffering he and his family have endured for the past seven years, along with what they will endure for the rest of his life? I hope you nor your family ever have to experience what this man and his family will have to live with for the rest of his life. If so, I am sure you will simply accept an apology from the responsible party and be on your way.
Totally agree with you.
Why was the motorcyclist 30% at fault?
Likely not wearing a helmet and may have been speeding. These would be factors in the assignment of responsibility.
Helmet had nothing to do with the fault. The defense (Tesla) had double-digit, high-priced lawyers from all over the country. They did a good job of muddying the waters, and made it seem as if the motorcyclist acted irresponsibly by pulling out “too aggressively”. It’s unfortunate the jury even awarded the 30%, but that’s the way it goes sometimes. Jacqueline (see above), I’m going to go out on a limb and say you have no knowledge of this case whatsoever. If you did, you would understand the true magnitude of what the plaintiff and his family has had to, and will continue to, endure. Tesla had many opportunities to make this right, but chose to fight it out in court. Well, they lost and justice was served. I can promise you, every member of the plaintiff’s family and those around him would gladly give it all back if they could wave a magic wand, turn back time, and erase the entire event.
$40M+ is absurd and it is society that ultimately has to pay the bill in higher insurance rates and overall cost of living. The award amount is indefensible. The only winner in this the greedy scum that will take a contingency fee from this case.
And that’s why most lawsuits settle before going to court. When you go to trial, as my wise mentor once told me, ‘you pay your money and you take your chances.’
There’s a special place in hell for trail lawyers.
Thomas A, Tesla is self insured, so it won’t affect yours, or societies, insurance rates. Nice try though. I truly hope you, or worse yet, a family member never needs help from one of these “damned in hell” trial lawyers. My guess is you’d sing a different tune if you ever found yourself in a situation where you did need help. You seem like such a reasonable, well-informed, sound person though. I’m sure you’d probably be just fine representing yourself in court should that situation ever arise.
Pablo K. seems like someone with good knowledge of the case, so maybe it is true that Tesla was fully self-insured. Many large companies have a self-insured retention with excess policies. So, these verdicts can impact insurance, depending on a variety of factors. A 37 year old has about a 40 year life expectancy. So, $60mm was about $1.5mm/year (and $42mm is about $1mm per year). Honestly, that’s probably about “right,” assuming the catastrophic injuries remain and he cannot be rehabilitated. (And, 7 years after the accident is likely long enough to call the injuries “permanent.”)
In the future, Tesla employees will be instructed to back up and run over them again if this holds up
Like their leader, Tesla is never responsible for their actions. Clowns.
Glad he got his money. But if he had been driving a car/truck/van he’d likely be safely home with his family. Don’t ride motorcycles, seriously. Never. It’s never worth it.