MCCELVOGUE v. FARIAS
Personal Injury. I represented a plaintiff’s “capper”, who rear-ended several vehicles while driving his Rolls Royce on the freeways, while being radio-dispatched to accident sites. I took the case over from a younger associate when I noticed that the file was being spiced with letters complaining about the level of his experience by the client’s employer. Rolls Royce notwithstanding, only a 15/30 policy stood between him and justice. This case is of note because it was the first time I left a defense lawyer on the jury. He brought in some of his own jury instructions to turn around an 8-4 impasse where the eight voters wanted to give $300 and the 4, including him, wanted to give between $300,000 and a million dollars. They agreed to $100,000, because most people were sure there would be that much insurance. My motion for a new trial, supported by juror affidavits, wasn’t granted, but the parties settled on reduced terms.
