Las Vegas, NV – In a significant decision, a Nevada state jury awarded $550 million to the widow of Marcial Escobia, who was killed in a horrific car crash caused by an intoxicated driver, Kevin Raspperry.
The October 2024 verdict, delivered by a Clark County jury, included $50 million in compensatory damages and an unprecedented $500 million in punitive damages, sending a strong message about the consequences of reckless and impaired driving. the details of what the lawsuit alleged are further discussed in this article.
Background of the Case: Before the Lawsuit Filed in Nevada State Court Jury
The crash occurred in 2019 when Marcial Escobia, a nurse and former Catholic priest, was on his way to a morning church service. Raspperry, who had been drinking and using drugs throughout the previous night, was speeding at 107 mph in a 45 mph zone when he into Marcial’s vehicle at an intersection.
Toxicology reports confirmed that Raspperry had high levels of alcohol, methamphetamine, ecstasy, and marijuana in his system at the time of the crash, illustrating the extreme level of impairment, leading to a extensive injuries.
Nimfa Escobia, Marcial’s widow, filed the lawsuit not just for compensation but to hold Raspperry accountable for his dangerous behavior. The trial’s focus was on determining the appropriate damages, as the court had already established Raspperry’s liability after his criminal conviction for vehicular manslaughter.
Interestingly, multiple motions were filed and addressed throughout the case involving Nimfa Escobia’s lawsuit against Kevin Raspberry. However, this ruling, by Judge Mark Denton, made it clear that the crash was entirely avoidable and stemmed from Raspperry’s egregious conduct
The Legal Battle: Possible Serious Head Injury or Not?
The plaintiff’s legal team, led by Kimball Jones of Bighorn Law, sought $90 million in compensatory damages, emphasizing the substantial emotional and financial toll on the Escobia family. The compensatory claim highlighted Marcial’s role as a caregiver, the emotional support he provided to his family, and the profound impact of his untimely death.
In contrast, the defense argued that $7 million would be sufficient compensation and contested the need for punitive damages, asserting that Raspperry had already been punished criminally.
In the lawsuit involving Nimfa Escobia and Kevin Raspperry, there was no mention of a defective product or defective tire being a factor in the case. There was no mention of a serious head injury as well. Thus, the lawsuit focused solely on the negligence of the driver, Kevin Raspperry, who caused the fatal crash while heavily intoxicated and driving at an excessive speed
The defense strategy suffered setbacks during the trial, particularly when Raspperry’s deposition was presented. His continued denial of responsibility for the crash and the lack of genuine remorse, as highlighted in the deposition, played a significant role in influencing the jury’s decision.
Attorney Kimball Jones noted that Raspperry’s testimony appeared to solidify the jury’s perception of him as unrepentant, which may have contributed to the high punitive damages
Nevada Law and the Possibility of Appeal
While the jury’s punitive damages award is historic, Nevada law imposes caps on punitive damages in most cases. Under state statute, punitive damages are limited to three times the compensatory damages if those damages exceed $100,000.
This means that the punitive award could be reduced to $150 million on appeal, potentially lowering the total verdict to $200 million. Jones expressed confidence in defending the jury’s decision during the appeals process, asserting that Raspperry’s conduct was among the most egregious seen in similar cases
Insurance Complications and Trial Necessity
The case also involved complex issues regarding insurance coverage. USAA, the insurer, paid out the policy limit to Raspperry’s mother, who owned the vehicle, but the settlement did not include Kevin Raspperry himself.
Consequently, USAA was obligated to represent him in the civil lawsuit but did not make any reasonable settlement offers to Nimfa Escobia, forcing the case to trial.
The insurer’s failure to settle early on likely contributed to the escalation of the damages awarded, as the jury appeared to recognize the lack of accountability throughout the process
Wider Implications of the Verdict by The District Court Judge
This verdict serves as a powerful warning against the dangers of impaired driving and signals that juries are willing to impose substantial penalties on reckless drivers who show disregard for human life. It also reflects the growing trend of large punitive damage awards in cases where defendants claimed gross negligence or willful misconduct.
The outcome of this case could potentially influence future civil lawsuits involving drunk or drug-impaired driving, reinforcing the stance that such behavior will not be tolerated.
Final Thoughts: How The Bourassa Law Group Can Assist
At The Bourassa Law Group, we understand that cases involving severe injuries or wrongful death require a thorough and aggressive approach to ensure justice is served. Our experienced attorneys specialize in handling complex personal injury cases, including those involving impaired drivers.
We are dedicated to fighting for maximum compensation for our clients, including compensatory and punitive damages when warranted. If you or a loved one has been affected by a similar incident, contact us to discuss your options for legal recourse.
If you are looking for an able defense counsel we are still here for you in situation of:
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Our firm is committed to holding negligent parties accountable and pursuing the justice our clients deserve or a statutory offer. For more information about our legal services and to schedule a consultation, visit our website or call us directly to fight your case on your behalf.
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