On April 18, 2015 I published an article from Don Keenan’s blog on short trials because I thought it had such a profound truth which I agreed with. Unfortunately, I gave the credit for the article to my friend Don when the author was my friend David Ball. So, I write this to correct my error and give credit to David where it belongs and my thanks to Don for publishing it. Sorry, David. Great article.
An outstanding Seattle plaintiff’s trial lawyer & I have been discussing the common objection made during cross examination that the question is “argumentative” because of a trial we have a common interest in where the judge sustains cross examination questions that directly challenge the witnesses testimony as untruthful where the objection of “argumentative” is made. My position is that cross examination is confrontational and a testing ground for witness credibility by challenging the witness. I believe that judges who sustain an objection to the…
We are often met with the defense that the thing that injured our client had never injured anyone else. That assertion carries with it the inherent suggestion that not only was the defendant no negligent, there had to be contributory negligence as well. The defense raises issues of foreseeability, causation, and contributory negligence. I don’t have a silver bullet response, but here are few thoughts to consider in dealing with this defense. August 15, 1992 Two Australian tourists were killed while…