This was a drunk driving golf cart accident case tried in Palm Springs, California involving a collision on private property. Both the plaintiff and defendant had consumed alcohol, and the plaintiff was not wearing a seatbelt at the time of the incident, creating significant comparative fault issues. The defense maintained a zero-offer position throughout the case and asserted that they would prevail at trial. Despite these challenges, the case was taken to trial, and the jury ultimately found the defendant 60% at fault and the plaintiff 40% at fault, resulting in a net judgment of $325,494. A critical component of the trial strategy included successful pretrial motions to exclude the plaintiff’s blood alcohol content evidence due to lack of proper foundation and chain of custody.
Through the course of discovery, it was also uncovered that the defendant, Russell Leach, a former Chief of Police in Riverside, California, had a prior DUI incident that led to an internal cover-up involving deputies transporting him home instead of arresting him, followed by a whistleblower complaint and a state investigation that ultimately resulted in his resignation. Efforts were made to introduce this evidence at trial to demonstrate a pattern of conduct, but the court excluded it. This case demonstrates the importance of trial preparation, motion practice, and strategic evidentiary challenges in achieving favorable results in contested liability cases.