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Category: Cross Examination

EVASIVE WITNESSES

EVASIVE WITNESSES

Recently plaintiff’s attorney Rick Friedman shared an article from the defense publication ” For the Defense” published in December 2015 entitled ”Strategies for Responding to Reptile Theory Questions” by John R. Crawford and Benjamin A. Johnson. file:///C:/Users/pnl/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/EEHZ7017/Strategies-for-Responding-to-Reptile-Theory­Questions-compressed.pdf The article is written in response to David Ball and Don C. Keenan’s book Reptile: The 2009 Manual of the Plaintiff’s Revolution.” The authors summarize the concept in the book as: “In brief, the theory calls for convincing jurors that a defendant’s conduct…

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CROSS EXAMINATION OF A DEFENSE ANNUITY EXPERT

CROSS EXAMINATION OF A DEFENSE ANNUITY EXPERT

I don’t know how often you are faced with a defense annuity expert in your serious injury cases. For a long time it was common for the defense to call not only an economist, but an annuity sales person to tell the jury how a life time annuity could be purchased that would generate a significant amount of money each month at a low rate of purchase. It was offered under the guise of “present cash value.” We would file…

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THE CROSS EXAMINATION OF THE PRIEST ABOUT “ACTS OF GOD”

THE CROSS EXAMINATION OF THE PRIEST ABOUT “ACTS OF GOD”

At the request of a friend, who wanted me to write an interesting story about one of my jury trials I sent him a description of a jury trial I had over 50 years ago in Skagit County Superior Court. You will not learn anything from the case but I feel motivated to share with you. I still smile when I think about that trial The case I filed on behalf of a Catholic priest was defended by my late…

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