Co-opting Ye Old Glass Is Half Full Defense

Photo:  From a PPT slide used in several trials last year.

Photo:  From a PPT slide used in several trials last year.

The only health condition the defense won't try to spin - is death.

One technique used against plaintiffs, is to paint them as negative whiners.  The defense mocks the injured person by saying they are overly focusing on their injury and see the glass as half empty.  The logic is - if the person had a better mindset - they would see the glass is half full and everything would be better.

If the glass is half full defense works as planned, the jurors will feel nothing but irritation towards the injured person.  Because no one feels compassion for a person who only sees and wants the worst in every situation.

In this trial, a drunk driver hit a man and crushed various bones throughout his body.  Defense doctors were hired to testify that his injuries were not really so bad.  Bones do heal ...with the help of metal plates and screws okay sure - but they do heal, they said.

In closing, I collected all of the "minimizing" statements of these doctor experts.  Used the above photo.  And roasted them by co-opting and presenting "Defendant's Glass Half Full List."

  • He can walk even if he has to stop (after a few blocks)
  • He can write with his left hand (even though he wrote with his right before)
  • He can ride and drive in a car (but is still scared of trucks)
  • He can travel (though he avoids it and has to move around constantly)
  • He can cook to a certain extent
  • He has range of motion (though he had to give up being a professional spin instructor and can no longer climb mountains, run, or engage in professional dance)
  • He is off of narcotics (but still has pain daily)

and so on.

Co-opt this defense.  Show the jury that your client believes that the glass is half full - even though bad things have happened.