Maclovio v. Brewer et al.

Personal Injury

Madera County

Superior Court Judge James Oakley

$21.5 million

Dennis Delja

Plaintiff's Lawyers: The Dunnion Law Firm, Denis M. Delja, Connell P. Dunnion

Defense Lawyers: Mayall Hurley PC, Vladimir F. Kozina

On the first day of proceedings, plaintiffs' attorney Dennis Delja figured he could not let jurors go home without them hearing his client's story. He knew he was asking for a tremendous amount in damages and wanted them to understand the context of the case.

"I made a strategic decision to accept the alternates so they could hear my mini-opening that day," the Dunnion Law attorney said of his client's auto accident that left him paralyzed from the neck down. "I wanted them to hear exactly how tragic the story was."

The bet paid off. Just a few days later, the jury awarded $21.5 million to plaintiff Jose Maclovio. Maclovio v. Tadeo-Lazaro, MCV074795 (Madera Super. Ct., filed April 20, 2017).

In the case that led to the largest Madera County verdict to a single claimant, the plaintiff's attorneys solely pursued general noneconomic damages. They were constrained by a budget and could not afford to put on multiple experts to testify on Maclovio's lifelong paralyzation.

Delja said he instead focused on putting a monetary value to priceless experiences that Maclovio would never get to have, like picking up his daughter, and the suffering that came with his injury.

Connell Dunnion

"It was an advantage, because if we had an economic loss and a life care plan that was in the millions of dollars, it would've set a lower anchor," he said.

The framing of Maclovio's story would be pivotal, Delja concluded early on in the case. He knew the jurors would be mostly conservative and reluctant to award such a significant amount in damages.

"For a lot of hardworking people, especially in a conservative place like Madera, they understood what a loss that would be -- to lose the ability to be everything you wanted to be," he said.

Delja had Maclovio's parents testify first on having to bathe and assist their son going to the bathroom. He then had his wife testify on making the impossible choice of separating from her husband when it got too difficult for the young family.

During closing arguments, Delja asked for one thousand dollars for every day his client had to live and would live with his injuries.

"What resonated was that his story is of an ordinary guy and a father at a young age who wanted to provide for his family," he said. "All of that was taken from him."

Defense attorney Vladimir F. Kozina of Mayall Hurley, PC did not respond to requests for comment.

Delja said the defense "dismissed its appeal."

-- Winston Cho