I am not sure how much help, if any, my rough notes for argument in a brain injury case where the defense admitted liability would be to you, but I thought it might illustrate one way to frame the basics for the liability argument. Here it is for whatever use it might be on notes for argument. OUTLINE A.USE AS ILLUSTRATIONS: JURY VERDICT FORM NON ISSUE LIST JURY INSTRUCTIONS (1) ISSUES IN CASE (Inst No._____) (2) CONCEEDED FAULT (Inst No._____)…
Today I sorted through notebooks from my practice to organize the material and as I did so I noticed a few things I thought might be worth sharing with you. By the way, what struck me was the fact that much of what I’ve used in trial over the years was originally someone else’s thought or idea. A whole lot of “new” tactics and ideas are really old ones with new dressing on them. But, here you are and in no…
Here some random notes from my argument notebook which you might find helpful. In the case of the person with pre-existing injuries consider this argument. Suppose a farmer is on his way to market with a truckload of eggs valued at $.41 a dozen. The truck is hit by a careless driver and the eggs are broken. The law won’t allow the defendant driver to argue: “but if they were golf balls, none of them would have been damaged.” Suppose…