VISALIA
-- Tulare County jurors awarded nearly $26 million to a
Visalia farm laborer, saying his insurance company should have
fought a lawsuit brought by a truck driver who crashed into a
tractor.
It was the largest award of its kind in county history.
The jurors ordered Farmers Insurance Inc. to pay Gustavo
Perez $25 million in punitive damages and $863,000 in
compensatory damages.
Punitive damages are awarded to make an example of and
punish defendants found guilty of acting in bad faith or with
malice. Compensatory damages repay economic loss and pain and
suffering.
"I can't remember anything that's even close," said
Jennifer Shirk, president of the Tulare County Bar
Association. "Twenty-five million in punitive damages is just
astronomical in Tulare County. It's the stuff that you read
about in lawyer magazines. Everyone was walking around the
courthouse with their mouths open."
The case began in 1998 when Perez borrowed a tractor from
his employer, DeJong Dairy, just off of State Route 63 north
of Visalia.
Perez hired a day laborer and used the tractor to dig post
holes for a corral at his nearby home. Later that night, the
laborer was returning the tractor to the dairy across the
highway when he caused it to stall.
Jesus Jimenez, who was hauling oranges in a big rig,
collided with the tractor, which didn't have its lights on.
The laborer who drove the tractor ran away after the crash and
wasn't seen again.
Both vehicles were damaged. Jimenez suffered serious
injuries and later sued Perez. The insurance company refused
to hire an attorney to defend Perez. Jimenez in 2000 was
awarded $413,000 for his injuries.
Fire Insurance Exchange, owned by Farmers, provided
liability coverage, but Perez's policy had an exclusion for
injuries resulting from the use of a motor vehicle. The policy
defines a motor vehicle to include "a motorized land vehicle
designed for travel on public roads."
During the two-week trial that ended Wednesday, the
insurance company argued that it denied the claim because the
farm tractor was designed for travel on public roads. Perez's
attorney, Stuart Chandler, convinced jurors that the farm
tractor was not designed to use on public roads. "This
insurance company absolutely abandoned him," Chandler said.
Perez sued the company the following year for breach of
contract, acting in bad faith, and infliction of emotional
distress.
Jurors reached a verdict about the compensatory damages
Tuesday and awarded the punitive damages the following day.
Farmer's Insurance spokeswoman Mary Flynn said company
officials plan to appeal.
"We're confident that the verdict will be overturned," she
said.
Perez said he understands there is still a long way to go
before the case is over, but he's happy with the verdict.
"I've lost sleep and suffered headaches," he said. "I'm
very happy that a large load has been taken off my shoulders."
Visalia attorney Victor Moheno, who has practiced law for
more than 25 years, said the appeal process could take up to
four years.
"In that time, people start to settle," Moheno said.
"People can't wait as long as insurance companies can wait.
I've been down that road, and it will be appealed and resolved
for a significantly lower amount."
The reporter can be reached at ccarcamo@fresnobee.com
or at 622-2419.