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Overcoming the “Already Broken” Defense With a Covid Jury - Bibi Fell, Amy Davis & Amy Pardieck
This case was a disputed liability semi vs. car crash case in heavy fog/wet road conditions on US 41 the morning of Wednesday, March 11, 2015. The speed limit for north and southbound traffic on 41 is 60 mph. The Semi attempted a left turn (across the southbound lanes with the right of way) onto Old U.S. 41. Semi stated he did not see any approaching southbound vehicles due to heavy fog conditions and turned anyway. My client, Roger, who was on his way to work, was traveling in the slow lane and came through the fog as the truck was making its turn. He slammed on his brakes and swerved to the left, but the semi was across both lanes of traffic, and he ran into the rear of the trailer. Roger testified at his deposition that he was traveling below the speed limit around 55 mph with his cruise activated.

Roger had the following injuries: C7 lamina fracture; T1 spinous process fracture; Right 4th through 8th rib fractures; Left 5th through 7th rib fractures; and he had a large hematoma on his head and complained of headache. He began having unrelenting migraine headaches following the crash, as well as memory loss and cognitive deficits. Ultimately, he is diagnosed with a traumatic brain injury.

Roger had a ton of preexisting neck and back pain from a 21-year military career. He was in his doctor’s office the day before the crash with 8/10 neck pain. A month earlier, he requested neck surgery (never done). Roger’s records looked like a guy with lots of neck and back problems, then he gets in this crash, fractures his neck and thoracic spine, has several months of treatment and then goes back to almost the exact type of treatment course with the same doctors he had before the crash, except of course for migraine headaches. He had a few headache type of complaints before, so defense harped on this too.

Topics covered:
1.Redefining trust, Creating emotional connections in jury selection and with witnesses, Moving jurors from feeling stranger danger to a call to acti

Jul 23, 2021 10:30 AM in Pacific Time (US and Canada)

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