 |
<-- Back
ART CARBAJAL V. FRONTIER EQUIPMENT AND MELVIN HAVELY
Art, in the broad light of day, was driving to work along a busy highway. The highway, near a construction zone and itself the site of a recently completed construction project, demanded attentive driving from those who used it. Art was careful. He obeyed the speed limit and kept a lookout for other traffic on the road. Soon, his alertness drew his eyes to a large truck and trailer fast approaching from the rear. Seconds later, a violent collision sent his entire life on a permanent detour.
The Collision
While Art stayed within the speed limit, defendant Melvin Havely—an employee of defendant Frontier Equipment—barreled down the highway at 75 miles-per-hour on his way to deliver a tractor. In a moment’s time, Havely caught up with Art, who had reached a bridge that limited his escape routes. Havely smashed into the rear end of Art’s car, hurling him about 100 feet and into a guardrail.
Mr. Pahlke’s Closing Argument: An Excerpt
So how do you [the jury] deal with [Art’s injury’s]? You can run and hide, the defendants would love you for it, or you can just go to work and do your job.
If you were to roll back the clock one day, and a man comes to Art’s house and he has in his hand an envelope and he sets it on the table and he says, “Art, this is yours. I’ve placed something in it of great value, it is yours. But, if you want it, you have to get up in front of the table, you have to come over and pick it up.”
“If you do, tomorrow, when you’re going to work, some guy’s going to be barreling down the road, 16,000 pounds, he’s going to hit you going about 75 miles-per-hour, he’s going to knock you 100 feet right in front of a semi, and you’re going to take the guardrail like a spear to the chest. You’re going to demolish your vehicle, just like a giant fist of an angry God struck you. And you’re thinking before he hits you… ‘Slow down, buddy, slow down.’
“And after it’s all over, you will wonder, ‘Was this caused because these guys didn’t care, because they were in a race to deliver a tractor, because they had bad brakes, or because they were just not paying attention?’
“Those things won’t matter because the facts are…you just lost your job; [the defendants] have fired you without permission…
“He has pain every day. Every day. Spasms most of every day. “If it’s a bad day, you won’t sleep at all at night. You’ll be married to pain, and there will be no separation and no divorce. You will lose your life as you knew it, your health, your ability to enjoy life and a little boy, your ability to support; you will lose your dignity. And then, when you try and get a just result, [the defendant] will try and steal it with testimony that’s false; that’s what you get buddy.
| Bob’s Thoughts: “At this point in the trial, I like to make the issue clear in the jurors’ minds:
I want them to see, hear, and feel what Art has to go through each day, each hour of his life. I want the jury to focus on health that has been stolen by carelessness. I think it puts a fine point on how little money means when all we want is our health—health that has been stolen by carelessness.” |
“So…for taking the best part from Arthur Carbajal, his health, the enjoyment of life, and his dignity, if there’s $2 million in that envelope for pain and suffering, would Arthur Carbajal get up and walk over to the table and pick it up and say, “I accept, I will make the trade”? Would anybody do that? You decide. Thank you."
The jury returned with a verdict of $3,250,000.
Back to Top
|
