Eric Moutal v. Exel, Inc.

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS AUG 1 2022

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

ERIC MOUTAL; ANDREA NEWMAN, No. 21-35303

Plaintiffs-Appellees, D.C. No. 3:17-cv-01444-HZ

v.

MEMORANDUM*

EXEL, INC., a foreign corporation,

Defendant-Appellant.

Appeal from the United States District Court for the District of Oregon Marco A. Hernandez, Chief District Judge, Presiding

Argued and Submitted May 13, 2022 Portland, Oregon

Before: CHRISTEN and SUNG, Circuit Judges, and RAYES,** District Judge.

Plaintiffs Eric Moutal and Andrea Newman were seriously injured when an

Exel employee drove his 18-wheeler semi-truck into them as they rode their

bicycles. A jury found Exel negligent and awarded Plaintiffs $5,658,893.75 in

compensatory damages and $4 million in punitive damages. The district court

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The Honorable Douglas L. Rayes, United States District Judge for the District of Arizona, sitting by designation. denied Exel’s…