[SDCBC] Arbitration Win of 100k for cyclist

[Richard Duquette]

Dear list mates                     6-15-07

Im am very happy to report my badly injured client received the last 
of three policies in an arbitration award from Judge Jackman (retired 
of Adjudicate West in Orange County).

I could not of done it without the help of  the plaintiffs bar 
"village".What I mean is It was a very tough case to arbitrate 
because I recovered the initial 15k from the negligent motorist who 
ran over my client resulting in a steel rod in his leg.My client is a 
young man who believe it or not lived around the corner from 
my  house in Huntington Beach where I grew up.Went to the same 
HS,Colleges.He coached sailing at Stanford.But moved around a lot and 
was almost 30 years old,but still qualified as a resident relative of 
his mothers 100k policy, which we got after his own 50 k policy was 
tapped out as well.So, we climbed the insurance policy "food chain" 
with 15k (bad driver),then 50k(clients policy) then finally the 
100k(moms policy).A net after legal offsets & credits of 100k in 
total for the client.It took a couple years as well.

The people that helped me polish my thick arbitration brief and 
evidence binder which contained all the historical facts and law 
deserve credit too:

1)Don " The Man" De Camera,Esq added  a critical case specifically 
relating to the brief.He also added sage strategy and helped me prep 
the clients before the actual arbitration testimony.I have to say he 
was available and great to work with.Do Not let this giant 
retire.Help him any way you ever can.I happily shared my fees with 
him.To his credit he worked on the case on a contingency, like 
myself...knowing true and well he might not see a dime.His faith 
is  inspirational.

2)Drew Dunk,Esq sent me a stack of great cases he previously 
researched which I poured over several times extracting the relevant 
and favorable legal criteria necessary to establish a resident 
relative x axis..I used  this objective  legal standard and legal 
precedent and applied it to the facts uncovered during the ligation 
discovery to formulate the y axis and  an argument.  Then we tied it 
all to  pie chart graphs from the excel program with the help of my 
Friend Ron Grayson. .My strategy was to show that under any scenario 
based on the true facts that we win by more than a preponderance of 
evidence using mathematics.The pie charts proved it, even if we 
subtracted the bad facts.Hence, I met my burden overwhelmingly...by 
way more than a preponderance.More like 74% to 26% in our favor.The 
color graphs from excel were a welcome break form the legal briefs 
and forced me to quantify the facts and place them in a chronological 
order.This made the direct exam of the cyclist victim seamless.No wasted words.

3)Ryan Harris,Esq encouraged me to use Judge Jackman and he was 
right.He was fair, discounting the defenses use of a de published 
case, his ex parte communication attempt,  my clients irrelevant 
expired CDlicense and overall arguments that were outside the 
evidence.Judge Jackman was patient and professional.He was also a 
stylish dresser and was empathetic..

4)The TLC and CASD lawyers (Dick Verlasky sent me a good e mail about 
stacking) sent me e mails and a brief or two that made me think about 
my case on a deeper level.I forget their names but thanks.

Well, not to leave anyone out..my wife,staff and dog D'artagnan 
Braveheart get credit for going thru the stress and always 
believing.Life is good today !!

Love to you all..justice prevailed.


Richard L. Duquette
Criminal Defense &
Bicycle Injury Lawyer since 1983
Carlsbad, CA
760-730-0500
www.911law.com  
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