The trial: Garcia v. Tri-Modal Distribution Services, Inc., et al.
The attorney: Matthew Whibley
Case summary: Jose Garcia died when his vehicle struck the back of a big rig truck parked on the side of the road. Garcia’s widow claims the tractor-trailer was parked illegally so that the driver could urinate. The defense contested liability, and, as to damages, argued Garcia suffered from health conditions that reduced his life expectancy.
The witness: Dr. Jay Schipira, M.D.
Synopsis: On direct, Schipira testifies that Garcia had pre-diabetes and a liver-related disease, based on a review of his medical records. In a pressure-filled cross-exam, Whibley questions Schipira on information he contends Schipira was not provided by the defense, including evidence showing that Garcia had lost weight and made a range of lifestyle changes before his death. After seeing photographs of an apparently fitter Garcia, and viewing exercise video, the doctor acknowledges he does not know the extent of the lifestyle changes Garcia made. However, the doctor maintains there is not enough that he has seen to warrant changing his opinion. Whibley attempts to impeach the doctor's diagnosis of diabetes through heavy use of the doctor's prior, videotaped deposition. Whibley then challenges Schipira's conclusions on Garcia's potential liver disease and Schipira acknowledges there was no physical evidence of liver problems in his autopsy.
The verdict: $11.05 million, including $10 million in non-economic damages.
