Trial Partner Dana Fox Secures Favorable Jury Verdict in High-Exposure Motorcycle Collision Case

Los Angeles, Calif. (May 23, 2022) - Los Angeles Trial Partner and Co-Chair of Lewis Brisbois’ General Liability Practice Dana Alden Fox recently secured a favorable jury verdict in a high-exposure matter arising from a motorcycle collision with a client's truck.

In this case, which was covered gavel-to-gavel by Courtroom View Network (CVN), a deaf motorcyclist was seriously injured when he collided with a truck operated by Lewis Brisbois’ client. The motorcyclist subsequently sued the trucking company for damages associated with his injuries, which included a leg fracture that required multiple surgeries and a punctured lung. The trucking company admitted liability for the accident, and thus jurors were tasked only with determining the amount of damages the plaintiff deserved. The plaintiff’s counsel asked the jury to award $20 million. Mr. Fox, however, contended that because the plaintiff had almost completely recovered – which was backed up by video evidence – a much smaller figure was warranted. Ultimately, the jury returned a verdict in the amount of $3 million – 15% of the plaintiff’s demand.

Mr. Fox told CVN that the facts of the case allowed him to make a credible argument that the plaintiff had largely recovered from his injuries, noting, “The evidence established that while it was a very significant injury that he had an excellent recovery.” Mr. Fox also explained that surveillance video of the plaintiff, which showed him working at Home Depot, helped support this position. “It was extremely impactful, and the jurors told us that,” Mr. Fox said of the surveillance video, which was shown to the jury over the plaintiff’s objection.

In speaking with CVN, Mr. Fox also provided advice to more junior defense attorneys, encouraging them to refrain from avoiding “bad facts.” He explained that the “bad fact” in this matter was the initial severity of the plaintiff’s injuries. “You just lean into it. Don’t deny it. Acknowledge it,” Mr. Fox said. “You have to maintain your credibility as a trial lawyer, and if you take a stupid position they’re going to stop listening to you.”

Moreover, Mr. Fox pointed out the benefits of disagreeing with opposing counsel without being disagreeable. “Don’t be difficult for the sake of being difficult,” he advised. “Your client doesn’t benefit from it, jurors hate it, and you just get high blood pressure from it.” Notably, in discussing this case with CVN, the plaintiff’s attorney spoke highly of Mr. Fox, calling him “the best of the best.”

Mr. Fox is one of the most heralded trial attorneys in California, consistently obtaining results not thought possible for his clients, including multiple defense jury verdicts in prominent cases. As a Fellow in the American College of Trial Lawyers and with the elevated rank of Advocate within the American Board of Trial Advocates (ABOTA), Mr. Fox routinely defends the most difficult, high exposure cases in the Golden State.

For more information on this case, contact Mr. Fox directly. Visit our National Trial Practice page to learn more about our trial capabilities.

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