The trial: Garcia v. Tri-Modal Distribution Services, Inc., et al.
The attorney: Matthew Whibley
Tags: California, Transportation, Trucking, Closings, Wrongful death, Non-economic damages
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 claimed 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: Karen Garcia
Synopsis: Whibley begins by asking Garcia's widow about his health habits - his diet, his exercise regimen, etc. - in order to blunt a defense contention that Garcia would not have lived as long as life expectancy tables predicted. He then questions the witness about the couple's life together, beginning as childhood sweethearts, their dating and marriage. This testimony is supported heavily with photos and other mementoes of the couple's life together. Finally, Whibley has Garcia address what her husband's loss has meant to her and the impact it has had. Garcia grows emotional as she recounts memorable moments the couple spent together and her own struggle to recover from his loss.
The verdict: $11.05 million, including $10 million in non-economics.