Dana A. Fox

When a Sacramento jury found the plaintiff who sued Fox's client was 93% at fault for a truck-trailer accident, eliminating grounds for a $10 million settlement demand, there was no celebrating or "high-fiving" for Fox and his team.

The plaintiff had been in a wheelchair when he tried to cross the road and suffered traumatic brain injury and multiple orthopedic injuries in the accident. Kenneth Lewis v. Bernardo Gutierrez, 00204595 (Sacramento Super. Ct., filed March 4, 2016).

Known for his defense work in highly publicized, difficult cases, Fox encounters a great deal of human tragedy, even when his client is not responsible for it.

"The key is to never lose touch with the fact that there are human beings on the other side," Fox said. "You have to be sympathetic and understanding, not become hardened. That said, at the end of the day you have a job to do and you have to do it as best you can. Just as jurors have to do. They are charged with deciding the case without being affected by sympathy."

When he is fortunate enough to win in such cases, Fox said, "You don't start high-fiving when there is someone suffering on the other side. You look at yourself in the mirror and say, 'I did a very good job.' You don't celebrate."

His clients often feel the same way.

In a federal court in Fresno last year, Fox defended Merced County and a sheriff's lieutenant against a false arrest lawsuit by a young man who had been found factually innocent after spending 114 days in jail on a gang murder charge. Fox cross-examined the plaintiff's angry father, who was Merced County District Attorney Larry Morse II. The jury had already been told two of the sheriff's officers misled the judge in seeking the arrest warrant.

Fox told the jury it was the attorney general's office that decided to prosecute the plaintiff, Ethan Morse, according to a Fresno Bee report, and argued the officers had probable cause to arrest him. And Fox said no one, including the district attorney, testified the officers had said or done anything malicious at the time of the arrest, the paper reported. Morse v. County of Merced, CV00142 (E.D. Cal., filed Jun. 13, 2016).

After a three-week trial, the plaintiff's attorneys sought $10 million. Fox said $219,000 was reasonable. The verdict was $526,000 in damages from the county and less than $20,000 from the sheriff's officer Fox represented.

"Obviously it was a very disputed liability argument. I thought my opponent, Gary Gwilliam, did an excellent job for his clients. He was a very skilled lawyer; we both brought out each other's A game," Fox said of the trial. "I was not happy the jury ruled for the plaintiff, but the numbers were a lot lower than what he was looking for."

Less than a year later Ethan Morse was shot to death at a traffic stop in the neighborhood where the gang shootings occurred.

"The person who called me to tell me that was my client," Fox said. "He is still a law enforcement officer. Even though he had been sued by this family, he felt sadness for this kid. He said this is a very sad ending to this story. There was no gloating or 'I told you so.'"

Fox is currently co-counsel for Live Nation, the world's largest live entertainment provider, in litigation stemming from the mass shooting at the Las Vegas Harvest 91 Music Festival.

-- Laurinda Keys