RutLaw Blog Tuesday, December 10 2019
This summer, we secured a defense verdict in an auto case in El Paso County; this result was imporant to our driver and his employer. The Plaintiffs' counsel was banking on a favorable venue to extract a settlement that my client was unwilling to pay. Our result became final as of November, so here are some thoughts/reminders/lessons learned from this experience: 1) Facts and clients matter most. Our driver presented well and made a great impression. We had good liability facts, plus a good defense on demages. Our corporate representative was prepared and testifed well (he was called by the Plaintiffs' counsel as the first witness, and we were prepared for this). We called the police officer, who came across as sincere and extremely credible; 2) Good experts matter. We won the battle of the experts, in my view. Our expert conceded facts where needed, while the opposing expert was all too willing to be an advocate for the Plaintiffs. Hire the right people; 3) Juries can be the great equalizer. I love juries. The whole is greater than the sum of the parts, as they tend to catch pretty much everything. They evaluate the parties and the facts (see above) and their common sense is a blessing; and 4) Assembling the right team is key. Some cases call for additional staffing; this is based on the complexity of the issues, the amount in controversy, and the particular neeeds of the clietnt in question. Here, we brought in an additional paralegal to prepare for trial, and an appellate lawyer helped me prepare for important limine and jury charge issues. We correctly anticipated that the trial court would be unfavorably disposed to our position on a number of issues. The preparation paid off. Being a small firm doesn't mean we are going to be out-gunned. Quite the contrary. We have the flexibiilty to bring in the resources needed on each case. It is always a privilege to walk with a client through a tough challenge. And a good result is the ultimate payoff. I am grateful we had the opportunity. |
|
|