Lawyers at DBMS successfully litigate a wide variety of civil cases and argue appeals in some of the most challenging jurisdictions in the country.

Diaz v. Defendant Trucking Company


Defendant Trucking Company


Verdict less than last settlement offer


The case was tried on damages only after DBMS’s client and a co-defendant admitted liability for a rear end semi-trailer collision that rendered the 47 year-old plaintiff a quadriplegic.

Pre-verdict negotiations were unsuccessful, with plaintiff’s last settlement demand at $48 million after the defense had offered $25 million. During trial, plaintiff’s experts testified that the plaintiff had incurred past medical expenses of $3.4 million (stipulated by the parties), and would incur future medical and home care costs of $18.5 million.

In closing arguments plaintiff’s counsel requested an award of $102 million comprised of $22 million in past/future medical and home care costs, and $80 million for loss of normal life, pain and suffering, emotional distress, and disfigurement. DBMS recommended that the jury award past/future care costs of $11.9 million and $10 million in non-economic damages.

The jury returned a verdict awarding the plaintiff  $13 million for past/future medical and home care costs, and $10 million in non-economic damages.