Firm News

Recent Trial Victories

Bill Doyle and Randy Jue obtained a defense verdict in a Section 1983 Civil Rights case brought against the Town of Parker and and a Parker police officer in Federal Court.  The Plaintiff, who is a member of the Colorado River Indian Tribe, alleged that the police officer lacked the authority to detain him within the town limits based on a law enforcement agreement between the tribe and the town.  He also claimed that that police officer used excessive force in striking him with a baton during the attempt to detain him.  Before closing arguments, the court granted the Defendants' motion to dismiss the state tort claims on the basis of lack of jurisdiction.  At the conclusion of the four-day trial, the jury unanimously found in favor of the defendants.  Costs were awarded against the Plaintiff.

Bill Doyle and Gary Popham obtained a defense verdict in a significant personal injury case brought against their client, a municipality that owned farmland adjacent to SR87 in Pinal County. Plaintiffs, who were involved in a multi-car collision in April 2002, alleged that the municipality was negligent in its failure to take adequate precautions when leveling the land to prevent dust from blowing across SR87, and the resulting condition created a hazard for traveling motorists. Bill and Gary denied liability and argued comparative fault on the part of plaintiffs. Plaintiffs sought $3 million in damages, but at the conclusion of the 11-day trial, the jury found in favor of the defendants.

Teresa Wales recently defended American Family Mutual Insurance Company in a jury trial, which culminated in a defense verdict. Plaintiffs initially filed a Complaint for bad faith, negligent misrepresentation, breach of contract and punitive damages against American Family. Plaintiffs' allegations arose out of their purchase of a policy of insurance for a home in Kingman, Arizona. Once the court granted Teresa's motions for summary judgment on the issues of bad faith, negligent misrepresentation and punitive damages, plaintiffs were left with only a claim for breach of contract. Plaintiffs initially sought over $300,000 in damages, but the jury awarded them nothing. Given plaintiffs’ failure to accept defendant's previously filed offer of judgment, they are now obligated to pay American Family's attorney's fees, costs, and reasonable expert fees.

Craig Murdy tried a construction site premises liability case in front of a Nevada District Court jury and were rewarded with a defense verdict. Amy and Craig represented a subcontractor defendant, and plaintiff claimed that he fell through an opening created by that defendant. Plaintiff further alleged that defendant failed to properly barricade the opening or provide adequate warnings. Plaintiff asked for more than $200,000 in damages, but the jury returned with a verdict in favor of the defendant subcontractor.

Angila Gallenstein defended a work-related injury case at trial with favorable results. Defendants had previously admitted liability and offered to settle by way of an offer of judgment for $200,000, less plaintiff's lien in the amount of $52,000. After a four day trial during which plaintiff argued damages for pain and suffering, $752,412.71 in lost past and future income and $36,112.91 in loss of household services, the jury unanimously concluded that he was entitled to $200,000, less the plaintiff's lien. The judge signed the judgment in the amount of $132,493.45 and awarded sanctions against plaintiff in favor of Angila’s client, given that plaintiff had failed to accept defendant’s original offer of judgment.

Outside Activities

DBM recognizes the importance of staying actively involved in the local community. We are glad that individuals within our firm are committed to helping out and making a difference in the lives of others.

Teresa Wales is a regular volunteer with Habitat for Humanity. Teresa gathered a group together at the Villas Esparanza last year to participate in the construction of homes in that development. Things went so well that Teresa and her team returned there this past March to assist in building more homes.