Congratulations to Sarah Havens and the team at Havens Injury Law for securing a phenomenal result on behalf of their injured client. Sarah used lessons from David Ball, Keith Mitnik, and Nick Rowley to achieve a seven-figure settlement in the middle of trial.

The case was tried in San Bernardino Country between April 11th and April 26th, 2024. The case outcome is confidential.

Case Summary

Havens’ client—a retired, 68-year-old man (72 at trial)—was riding his Victory motorcycle eastbound on Route 66, about an hour east of Barstow, CA in San Bernardino County, when his motorcycle collided with downed Southern California Edison (SCE) power lines. The power lines wrapped around his handlebars, ejecting him 100 feet into a ditch. 

The plaintiff team argued that SCE failed to maintain the power poles and wires holding up the power lines, while the defendant denied liability. SCE argued (per the police report and eyewitness) that the plaintiff just happened to be riding his bike when, less than ten minutes prior, a low-flying Cessna-type plane flew overhead, striking the wires, causing the top of a power pole to break off, and bringing down the cross arms and power lines. 

SCE also disputed causation to any treatment after 16 months, as well as the value of the damages. The plaintiff suffered life-threatening orthopedic and internal injuries including L1-burst fracture (fusion), a shattered left hip, a broken ankle, and a broken wrist.

The Phantom Plane

An eyewitness told responding officers at the scene that they saw the plane strike the wires, bring them down, and then fly off. The wires were 35–40 feet above the highway. The responding officer later corroborated the eyewitness’ statement. Two other eyewitnesses saw the low flying plane (“close enough to land on the freeway,” and “50–100 feet above the ground”) less than ten minutes before the crash, though they did not see the plane hit the wires.

This “low flying plane” was never located. This, per SCE, was a “hit and run” but with a plane (this was literally what SCE said at trial). Despite diligent efforts by the Sheriff, the FAA, SCE, plaintiff’s attorneys, and many FOIA and public records requests, without a tail number, neither the plane nor the pilot could be found. There were no reports of plane crashes or emergency landings in the area. 

Furthermore, SCE did not preserve any of the power poles or power lines from the scene, and therefore they could not be inspected. SCE contended that they were not required to preserve them unless there is an allegation of fault. A third-party investigation concluded that a plane was the sole cause, that SCE had no liability, and therefore SCE had no legal obligation to preserve evidence.

The only evidence at the scene were 42 photos taken by CHP and 3 taken by a witness. The photos of the pole supported the theory of a fresh break from a strong force.

Injuries/Causation

This was an extremely serious incident. Havens’s client had to be life-flighted to Palm Desert Trauma Center where he underwent internal and orthopedic surgeries and stayed for over six weeks. 

Sixteen months after the crash, the plaintiff was unloading items from the truck of his bed when he lost his footing and fell. Lumbar imaging revealed a new L3 compression fracture. After the fall, he underwent an unsuccessful L3 Kyphoplasty and then a L5 –S1 fusion. SCE contended that he had reached MMI by the time of the fall, and that anything after it was related to the fall and not the crash. 

Case Framing

To frame the story, Havens focused on the human aspects of her case. Following the advice in Trial by Human, she emphasizes the importance of spending time with clients and witnesses to get to know them like family. 

“[My client] was, and still is, truly superhuman,” says Havens. “He was born and raised in Bakersfield, and got married during college. He worked on the railroad for decades until he retired in 2011, after his kids were grown, and bought a fixer-upper ranch in Kingman, AZ where he enjoyed his retirement. He enjoyed his retired life with his horses and animals, as well as riding his motorcycle. He had a passion for the outdoors; at 68, at the time of the incident, he was in better shape than most anyone (which is why he survived). We never talked politics, but it was very clear that both he and his wife were [conservative]. But It didn't matter because we shared so many core values. He was a true cowboy.”

Trial Guides Titles in Action

Havens is a devoted Trial Guides reader and has read a number of books in the Trial Guides catalog. She credits these titles with reaching this outstanding outcome:

Nick Rowley

“I use a lot of Nick Rowley stuff in my cases, and I work with Nick Rowley [in the Trial by Human community] a lot,” explains Havens. “His new book, Voir Dire and Opening Statements, is essential.”

Keith Mitnik

“Anything Keith Mitnik will be helpful for case framing,” says Havens. “This is going to be great information to have fresh in your mind right before you go into trial.”

Deeper Cuts by Keith Mitnik

David Ball

Havens credits the original David Ball on Damages as foundational to her career in trial law. “That old school red book was the foundation upon which this case was laid,” she explains. “Talking about the defendant first, talking about their bad conduct, structuring the case with an eye toward the story you want to tell: this book is a must-read.”

Havens noted that her original copy was so dogeared that she bought a new copy and listened to the audiobook as well. “I have the original one on CDs that I would play in my car,” she says.

David Ball on Damages (Audiobook) 

Rick Friedman

“I don’t believe it’s possible to achieve [verdicts like this] without understanding the concepts in Rick Friedman’s books,” says Havens. “I think you have to read the original to understand where evolution came from.”

Rules of the Road by Rick Friedman

About Sarah Havens

Sarah Havens is a trial lawyer and founder of Havens Injury Law, Inc. In addition to distinguishing herself as one of the top trial lawyers in her field, Sarah has published work in a variety of legal publications, and regularly speaks and teaches at legal seminars. She is the incoming 2025 President for Consumer Attorneys of California, and is a faculty instructor at the National Institute of Trial Advocacy (NITA). Sarah resides in Encinitas, CA, but practices throughout California.