DON’T WIN THE BATTLE BUT LOSE THE WAR OVER CAUSATION AS A TRIAL ISSUE
The November 2024 King County Bar Bulletin had an article by jury consultants Thomas O’Toole and Kevin Boally dealing with the issue of causation and its importance in obtaining a plaintiff verdict. It was a subject I have written and lectured about to lawyers. Causation is often ignored or under emphasized by plaintiff attorneys. Too often plaintiffs proceed with the frame of mind that if they prove the harmful conduct they will receive a favorable verdict. This is consistent with…