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Author: Paul Luvera

Luvera practiced plaintiff law 55 years. He is past President of the Inner Circle of Advocates & Washington State Trial Lawyers Association. Member ABOTA, American College of Trial Lawyers, International Academy, International Society of Barristers and the American Trial Lawyers Hall of Fame. Book Luvera on Advocacy available at Trial Guides Publishing Email paul@luvera.org
SOME THOUGHTS ABOUT MEDICAL MALPRACTICE CASES

SOME THOUGHTS ABOUT MEDICAL MALPRACTICE CASES

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I have some personal views about plaintiff representation of a medical malpractice case based upon experience and research. The basic ones include: (1) trials are struggles for juror impression and not a contest of rational logic. (2) Values and strongly held beliefs along with significant past experiences have a powerful impact on decisions vs rational logic and (3) proof of betrayal is significantly more powerful than proof of a medical mistake or negligence. To outline what we all know from…

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EXCERPTS FROM GERRY SPENCE ARGUMENT IN HUNTER v LEWIS MALPRACTICE CASE

EXCERPTS FROM GERRY SPENCE ARGUMENT IN HUNTER v LEWIS MALPRACTICE CASE

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In 1982 Gerry Spence tried a case in Provo Utah, Hunter v. Lewis. The transcript of his opening summation has examples of persuasive ideas worth reviewing. Here are a few of them: “Now, in a little while the case of Joshua Hunter is going to be in your hands. And there’s something, however, that I want to say to you about that that’s important for you to understand; and that is: that each one of us are human beings, just…

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ANOTHER LOOK AT WHETHER YOU SHOULD TELL THE JURY DURING VOIR DIRE THE AMOUNT YOU WILL ASK FOR AS A VERDICT

ANOTHER LOOK AT WHETHER YOU SHOULD TELL THE JURY DURING VOIR DIRE THE AMOUNT YOU WILL ASK FOR AS A VERDICT

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There are jurisdictions where a plaintiff is not entitled to tell the jury the amount they will ask for as a verdict. But, in those states where it is allowed, should you disclose the amount in voir dire? Or wait until opening statement? Or wait for summation or perhaps not suggest a figure and allow them to decide? I’ve written about this before. See: https://plaintifftriallawyertips.com/does-the-amount-you-ask-for-as-a-verdict-effect-the-result Some experienced plaintiff lawyers believe that it is too early to disclose the amount in…

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