Rodriguez v. Mcdonnell Douglas Corporation

151 Cal. Rptr. 399 (1978)

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Nature of the Case

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Facts

In 1970, P was healthy and married for 16 months. P was a second-period apprentice employed by Orvin. While working to modify a building for D, P was struck on his back and head by a falling 630-pound pipe from a crane. P's brain had been severely injured by the falling pipe; his spine was fractured, and there was substantial, irreparable damage to the spinal cord. P's mind gradually became clear. P would never walk again, nor would he ever regain any function in the lower part of his body. P is triplegic as a result of this accident, paralyzed from the middle of the chest down. He has lost all bladder, bowel, and sexual function. In addition, there are complications associated with the left side of his entire body, ranging from his left eye to a left arm which is practically useless. Complications were massive, and surgeries were required, so P could live. As a part of his life, he now had ulcerated pressure sores, decubitis. Several of the treating physicians expressed the opinion that P has a normal life expectancy, despite his injuries. However, from the date of the accident to time of trial, P had been hospitalized 14 times. After a 3-month trial, P was awarded $4.11 million. P’s wife got $500k for loss of consortium. Ds appealed. Ds assert that the size of the award suggests that the jury acted on the basis of passion and prejudice.