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December 5, 2024 – Santa Ana, California – In a highly publicized and emotionally charged wrongful death case filed against the City of Orange and its Firefighters, after an 8-week jury trial that included 34 witnesses, Everett Dorey trial attorneys Seymour Everett and Kevin Hernandez obtained a resounding defense verdict in favor of the Orange County Firefighters.
Three Firefighters falsely accused of fabricating a story to cover up a fatal motorcycle accident were vindicated by the jury. The case involved a 25-year-old motorcyclist who crashed into the side of a Fire Engine, tragically causing the motorcyclist’s death and the near death of a Firefighter. In stark contrast to the Firefighter’s testimony that they were safely making a left turn, Plaintiff’s counsel accused the Firefighters of lying and “killing the motorcyclist” by alleging the Fire Engine was not moving forward. Plaintiff’s counsel argued that the Fire Engine was backing up into the intersection without a “spotter,” violating the Fire Department’s policies and procedures.
Trial attorney Seymour Everett argued plaintiffs’ attorneys’ claims were unfounded and motivated by money, as there was no credible evidence to support plaintiffs’ theory of liability. Following the verdict, Everett stated, “The jury got it right. Despite the lack of Video and EVR data, crash debris and testimony from eyewitnesses clearly supported the Firefighters’ testimony they were safely making a left turn. The true cause of the accident was the motorcycle’s high speed.” Everett added, “experts recreated the accident and estimated the motorcycle was traveling between 75 and 85 miles per hour in a 35-mph zone.”
Everett Dorey Partner Kevin Hernandez successfully defeated plaintiffs’ dangerous condition of public property claim with testimony from key city witnesses. Mr. Hernandez commented, “City employees clearly established the intersection presented no danger to vehicles traveling at safe and reasonable speeds. The sight distance confirmed by the California Highway Patrol provided adequate time for the motorcycle to yield to oncoming traffic.”
The City retained critical experts to counter plaintiffs’ claims. Everett Dorey co-founder Samantha Dorey explained the importance of retaining and collaborating with the right experts, “Accident reconstruction, trucking and biomechanic experts were able to artfully explain to the jurors that the accident was inevitable based on the speed of the motorcycle.”
The Firefighters and the City of Orange are grateful for the defense verdict and feel exonerated by the jury. Post trial, one of the jurors complimented the Everett Dorey trial team by saying, “I closely followed the proceedings and was genuinely impressed by your professionalism, dedication, and the clarity of your arguments. It was evident that you were both committed to justice and represented your client with integrity and purpose.”
Everett Dorey’s Co-Founding Partner, Seymour “Sy” Everett, III is a member of the American Board of Trial Advocates (“ABOTA”), is Chambers’ Ranked and included in the 2025 edition of the Best Lawyers in America for his expertise in complex litigation across various sectors, including defense of corporations and public agencies. Co-Founding Partner Samantha Dorey, recognized by the Daily Journal as a Top 40 Under 40 attorney, specializes in complex civil litigation in state and federal courts with a focus on catastrophic injury, employment law, and environmental issues, while fostering an empowering environment for female attorneys and earning numerous awards for her contributions to the legal field.
Everett Dorey is a full-service civil litigation firm with offices throughout the western United States. For additional information regarding the case or Everett Dorey’s trial team, please contact Seymour Everett at severett@everettdorey.com and (949) 771 9244 and Samantha Dorey at sdorey@everettdorey.com and (949) 771-9250. Please visit EverettDorey.com for additional information about the firm and its range of practice areas.
