Claggett & Sykes Secures $20M+ Verdict for Rollover UTV Accident

Sean Claggett and Geordan Logan of Claggett & Sykes recently secured a jury verdict of $20,130,247 in a product defect trial in California. The case involved a rollover of a UTV (Utility Terrain Vehicle) that left one of our clients, Julio Cerna, in a quadriplegic state. This was a three-month trial that started in October 2023 and ended in January 2024.

About Cerna v. L&K Enterprises

The plaintiffs, Julio Cerna and his wife Olga Cerna, alleged that the UTV’s Rollover Protective Structure (ROPS) was defective. They assert that the defective design of the ROPS resulted in the roll-cage completely collapsing during a low-speed rollover, causing Mr. Cerna’s quadriplegia. Mr. Cerna also claims that the dealer that sold the vehicle made misrepresentations about the UTV when Mr. Cerna purchased it. Mrs. Cerna asserted a “loss of consortium” claim for the impact caused to their marriage stemming from Julio’s injuries.

The defendant, L&K Enterprises DBA B2B Truck Sales was the seller of the vehicle. B2B denied it was liable to the Cernas for both claims. It asserted that the Cernas’ injuries were solely due to Mr. Cerna’s reckless driving and ignoring warnings in the manual and on the UTV. It also claimed that no misrepresentations were made to Mr. Cerna when he bought the vehicle.

Under the law of the state of California, a vehicle dealer and a manufacturer of a vehicle are equally responsible if a defective condition of a vehicle causes injuries. Furthermore, under California law, the jury can apportion responsibility, or comparative negligence, for the harms to Mr. Cerna. As a result, the jury was asked to decide if the UTV was defective and, if so, if the defect caused Mr. Cerna’s injury. The jury would then have to decide how much responsibility to assess to Mr. Cerna.

The jury was also asked to decide whether the dealer made misrepresentations to Mr. Cerna such that Mr. Cerna would not have purchased the vehicle had he known what the true facts were.

The jury found as follows

For Julio Cerna

• past economic loss- $1,200,000
• future economic loss — $5,027,215
• past non-economic loss– $1,500,000
• future non-economic loss – $4,000,000
• false representation damages – $3,032

Total: $11,730, 247

For Olga Cerna

• past/future loss — $8,400,000

Total: $8,400,000

Total Damages: $20,130,247

Percentage of responsibility:

• L&K – 50%
• Julio Cerna – 50%

It was our honor to represent the Cernas in their case, and we are thrilled that the jury found for our clients.

Claggett & Sykes is a premier personal injury firm with offices in Las Vegas and Reno, but handles cases across the country. To schedule a free consultation, call us or use our contact form.