“OBJECTION! ARGUMENTATIVE” IS THAT REALLY A VALID OBJECTION DURING CROSS EXAMINTION?

“OBJECTION! ARGUMENTATIVE” IS THAT REALLY A VALID OBJECTION DURING CROSS EXAMINTION?

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…

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SOME IDEAS ABOUT RESPONDING TO DEFENSE: “IT NEVER HAPPENED BEFORE”

SOME IDEAS ABOUT RESPONDING TO DEFENSE: “IT NEVER HAPPENED BEFORE”

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…

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OUTLINE FOR CROSS EXAMINATION FOR WORKSITE INJURY

OUTLINE FOR CROSS EXAMINATION FOR WORKSITE INJURY

I think I’ve published outlines for cross examination in cases involving workplace injuries, but here’s one I may not have shared before.  This particular case involved a man who was part of a refinery maintenance crew that the refinery hired to shut down and maintain a refinery in Anacortes, Washington. There was a explosion and fire during the work which killed some and injured others. The normal bar  against  suing the owner,  Texaco, did  not apply because  they were not employed…

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