Lawyer faces at least $400K in damages

A jury Tuesday awarded $400,100 in damages to an Atascadero man severely injured in a head-on car wreck last year and will assess additional punitive damages as early as today.

The jury in the civil trial ruled unanimously that Anthony Lucero, a Los Osos civil attorney, should pay damages to cover the medical and other expenses of construction worker Randy Rutherford, 51, said attorney James McKiernan, who represents Rutherford.

But the jury was split, 9-3, on the question of whether Lucero acted “maliciously and with conscious disregard for the safety of others” when he drove his car in a drunken state last January. On his way home from a bar, Lucero, 48, crashed into Rutherford’s car. Rutherford sustained numerous injuries.

When questioned Tuesday, Lucero did not want to comment on the case. He has said previously that he had been drinking because he was grieving over the recent death of his father and this rendered him incapable of understanding the possible consequences of drinking and driving. Lucero has three drunken driving convictions.

The jury will hear testimony about Lucero’s financial assets today and then begin deliberating how much punitive damages to assess. The decision on punitive damages could come as early as today but may extend into additional days, McKiernan said.

“This has been a very cautious jury so they very well could take some more time,” he said.

Punitive damages are intended to punish Lucero and send a deterrent message to the community as a whole.

“It’s a pretty serious matter,” McKiernan said.

The $400,000 in damages will cover the $150,000 in medical expenses that Rutherford incurred as well as pain and suffering and lost wages. His injuries included a shattered right knee, facial lacerations and a broken wrist and clavicle.

Rutherford already has had two knee surgeries as a result of the crash and will require more, according to his suit. He contends he could face other surgeries as well.