Rodriguez-Mcquade v. Whatley

Yuba County

Superior Court Judge Stephen W. Berrier

Defense Lawyer: Christopher L. Patton, McDowell Shaw & Garcia

Plaintiff's Lawyer: Michael Shemtoub, Beverly Law Firm

Defendant James E. Whatley, a man in his 60s driving a pickup, pulled away from a stop sign in front of a small car driven by 19-year-old Vanessa C. Rodriguez-McQuade, who had the right of way. The resulting collision totaled Rodriguez-McQuade's vehicle and left her with a broken ankle and neck and back injuries. She underwent two epidural steroid injections and three spine surgeries including two fusions.

At trial, she claimed more than $2 million in medical expenses.

Although the responding police officer found Whatley 100 percent at fault, as did six eyewitnesses, a jury voted 11-1 in his favor on liability following a six-day trial in May. Rodriguez-McQuade v. Whatley, CVPM15-0000530 (Yuba County Sup. Ct., filed June 18, 2015).

Defense lawyer Christopher Patton, who moved to his current firm shortly after the case was decided, said that none of the witnesses actually saw the crash.

"We were able to show that she was driving 40 to 45 miles per hour in a 25-mile zone," Patton said. "My argument to the jury was, 'Look at her intent.' The defendant was slowly driving and the plaintiff was speeding through a residential area where making a mistake could be catastrophic."

Patton said he kept his accident reconstructionist for his last witness. "I thought we might get a 50-50 responsibility verdict, but although most of the colleagues I consulted advised against it, I decided to ask for a full defense verdict," he said.

He said the plaintiff's lawyer, Michael Shemtoub, made no effective cross examination of his client.

"He tried to argue bias by my expert," Patton said. "He played up the drama of us being friends. He said my expert was someone who will say whatever I want. On redirect, I asked him whether he had sent me a Christmas card, and he said, 'No sorry.' The jury laughed. In my closing argument, I simply said I used him because he was good."

Shemtoub did not respond to messages requesting comment. He has appealed the outcome.

-- John Roemer