Joseph H. Low IV

Low, a Marine, counts legendary trial lawyer Gerry Spence as a mentor. He said he learned from Spence the importance of the meticulous preparation of cases -- including clients' and witnesses' backstories that are often key to persuading juries.

And he learned to be persistent. After Low's December 2019 win of a $70.5 million jury award for the family of Tomasa Cuevas, who with her children was injured in an SUV collision with a tractor-trailer truck, he is now preparing to sue the trucker's insurance carrier for bad faith refusal to settle the case. Cuevas v. Rai Transport Inc., 18CV-100615 (Kern Co. Super. Ct., filed March 15, 2018).

"The defense has filed a notice of appeal, which means they have to post a $150 million bond," Low said. "That can lead to mediation in which the insurer will try to offer us some chicken shit number. But yes, we'll hold out."

A key to the case was whether the truck ran a red light and caused the crash. Low found video from a bus and an ATM that showed the truck driver was at fault, he said.

"We showed them the video before we even filed our lawsuit," Low said. "The trucking company had a million-dollar policy, but that cap disappeared when they refused to discuss settlement. The insurers wouldn't take care of their own customer. Two years later they offered a million before trial, but it was too late by then."

Low said the trucking company defendant has assigned its rights to his clients so he can pursue the underwriter, United Specialty Insurance Co.

"My goal is to explain to a jury what this insurance company has done to my clients. We're drafting the complaint now."

In September 2019 Low obtained an $11 million jury verdict for client Norma McPhoy, a retired nurse in her 70s, who was severely injured in a traffic collision. "It was a he said, she said, red light, green light case," Low recounted. "It came down to credibility in the liability phase." McPhoy v. Ramierz, BC628805 (L.A. Super. Ct., filed July 29, 2016).

Low's meticulous reconstruction of the events leading up to the crash showed that the defendant driver was doing a personal errand on the job, was hurrying -- and lied about it on the stand. Meanwhile Low could demonstrate that his client was a careful woman with a lifetime record of doing the right thing.

"I argued that Ms. McPhoy had earned the right to be believed," Low said. "It was a lot of work, but fitting the little pieces together are everything."

-- John Roemer