Topic outline of gerry spence’s argument

I was going through a directory on my computer and came across an outline I had made of one of Gerry Spence’s arguments in a birth injury case he tried many years ago. I had gone through the argument and simply noted topics headings in outline form. Of course, it doesn’t do justice to the eloquent argument that Gerry made, but some of the thoughts may be useful to you.

Introductory remarks

  • Iappreciate the sacrifice you have all made serving in this case
  • I’ve had this case on my shoulders now for two plus years and I am about to transfer it from my shoulders to yours
  • These defendants have been insisting the baby is going to die, but my client has asked me to say to you, her baby isn’t going to die.
  • when I look at this jury I see an average age of 40 years and multiplied by the twelve of you that’s 480 years of life and experience and wisdom to apply to this case
  • You know the precious gift it is to have health so you will be able to judge the loss that happened here
  • There is a terrible need for justice in this case. It won’t be perfect justice because you can’t give back the normal healthy life this baby was entitled to.

Damages comments

  • I know I haven’t made your job easy by asking for $29 Million dollars. some of you are probably outraged and think us greedy. But, I’m not ashamed of that number because justice supports every penny
  • We’ve been taught there is no big justice for little people. Only the big people get justice. Well we are here for big justice
  • It this case was about an $80 Million dollar painting that was damaged or destroyed there would be no question that every penny should be paid. But, when it’s about a little human baby somehow there is a question.

Reckless conduct

  • I’m outraged and angry about what they did here. Even now they still blame each other & refuse to be accountable
  • This was not justnegligence here, but reckless conduct. It’s one thing if you are driving 65 mph in a 60 mph zone, but quite another if you drive through an occupied school crossing at 80 mph while talking on your cell phone.
  • it was like a lifeguard holding a child’s head under water instead of saving the drowning child & three other lifeguards watched and did nothing about it. That’s reckless conduct
  • They weremembers of the same team, like a baseball team. They have a dutyto work together and follow the rules of the game, but they failed and refused to do that.
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