High Court affirms $350K judgment vs tour firm

The Supreme Court has rejected an appeal by a tour company and one of its employees that sought to avoid paying over $350,000 in damages owed to two traffic accident victims.

In its March 8 decision, the Supreme Court upheld a Superior Court decision ordering STS Enterprises Inc. and Joseph Anthony Rasa to pay Christine E. Santos and her son Carlos $355,577.17 in economic, non-economic, and punitive damages.

“We find no abuse of discretion in the trial court’s admission of Rasa’s testimony that he tested positive for marijuana the day after the accident and no error in the court’s decision allowing the issue of punitive damages to go to the jury. We further find that the amount of punitive damages awarded by the jury was not excessive under the circumstances,” associate justices Alexandro C. Castro and John A. Manglona said.

Records showed that on July 16, 1998, an STS-owned tour bus driven by Rasa rear-ended a van driven by Santos. Her son, Carlos, was a passenger in the van.

On July 9, 1999, Santos—personally and on behalf of her son—filed an action against STS and Rasa, seeking recovery for personal injuries sustained in the motor vehicle accident.

During the jury trial, which began on July 2, 2002, Rasa testified that he was traveling within the speed limit when he glanced at his side mirror and then looked back at the road ahead and saw that the traffic light had turned red. He then stepped on the brakes and skidded into Santos’ vehicle, which had stopped for the red light.

Rasa did not receive a citation at the accident scene, but the responding police noted that he was following too closely to the van.

Rasa also admitted that he used to smoke marijuana twice a week, but not for over two weeks before the accident. He said however that he never smoked marijuana on the job and was not under the influence of marijuana at the time of the accident.

Results of a drug test taken the day after the accident showed the presence of tetrahydrocannabinol, the primary active ingredient present in marijuana, in Rasa’s bloodstream.

Further, Rasa testified that STS planned on implementing a drug-testing program, but was not actively testing at the time of the accident. In addition, he said his supervisors had knowledge of his drug use because he had previously approached the company for assistance with his marijuana addiction.

He added that he had smoked marijuana with at least one of his immediate supervisors at STS.

With the jury finding the defendants negligent, the Superior Court issued a judgment on July 11, 2002 stating the jury’s award of $5,577.17 in economic damages; $50,000 in non-economic damages to Santos; $100,000 in non-economic damages to her son; $200,000 in punitive damages against STS; and $25,000 in punitive damages against Rasa.

The trial court subsequently reduced the non-economic damages award for Santos to $25,000.