Walmart must pay fired Apple Valley truck driver $35 million, jury rules

A San Bernardino County Superior Court jury ruled that Walmart must award a former truck driver for an Apple Valley company nearly $35 million after he was terminated for alleged workers’ compensation fraud.

Former Walmart driver Jesus “Jesse” Fonseca will receive $25 million in punitive damages and an additional $9.7 million for future non-economic losses, including loss of life and emotional suffering, according to his attorney David deRubertis.

The jury concluded that Walmart falsely accused Fonseca of violating its integrity policy as part of his ethics statement, his attorney told CBS MoneyWatch.

Walmart spokeswoman Kelly Hellbusch told Newsweek: “This outrageous verdict simply does not reflect the clear and undisputed facts of this case. Accordingly, we will pursue all available legal remedies.”

Fonseca, who worked at the Walmart Distribution Center in Apple Valley for 14 years, was injured in a highway collision in June 2017.

A semi-truck rammed Fonseca’s company’s semi-truck, which burst into flames, his lawyers alleged in a lawsuit against Walmart in 2019, the Sacramento Bee reported.

After the collision, Fonseca was treated at a hospital for his injuries and later filed a workers’ compensation claim. Starting in June 2017, he was examined by a doctor every few weeks to modify his work restrictions, the deRubertis law firm’s lawsuit says.

Fonseca’s work restrictions changed occasionally, but generally included orders not to push, pull or lift more than 5 to 10 pounds or to drive commercial vehicles. Although the restrictions were communicated to Walmart leadership, they did not meet Fonseca’s needs, his lawyers argued.

According to his attorneys, Fonseca was placed on medical leave and later fired after Walmart officials allegedly placed him under surveillance and discovered he had been driving a personal vehicle.

Fonseca was clear that he was allowed to drive private vehicles and could only drive commercially.

“Instead of saying to him, ‘Hey, take a minute, let’s talk about this.’ “We want to make sure you follow the rules that we think you should follow.” … They sent private investigators to watch him in his house. I follow him around town,” deRubertis said.

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