Posts in Pre-Trial Strategy
7 bullets

I am looking at the Medical Examiner's chart.  She has been shot 7 times.  7 pieces of metal are either in or have gone through her small body.  The same height as mine. But more slender.  Her face is beautiful.  It was spared.  They aimed at her middle.

I count the bullet holes on the front of the body diagram.  Then on the back.  There are more than 7 holes.  Some bullets count for 2 holes each.  In. Out.

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The meanest motion ever

Sometimes my job is sickening.   I get the whole idea of defense lawyers attacking my clients in order to make sure they are telling the truth.  But what I can never get used to are the grotesque tactical maneuvers used by some defense lawyers to save an insurance company a buck.

Here are a few excerpts from an argument I made to the Court opposing defense counsel's motion to dismiss a father's claim for the wrongful death of his child.  Before reading this: a) put on a white jacket; b) stand up fully; c) employ wonder woman frown; d) thrust out chin; and e) use extra emphasis when using the word: "repulsive."

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Dear Judge: Can you PLEASE muzzle that woman...and the press

In its third motion for protective order my least favorite tourism company asks the court yet again to stop the plaintiff from filing motions in the public court file.  Instead they want a special rule that requires us to give them five days notice before we can file a document so they can bring a motion asking the court to seal it or block us.  Kind of like an early warning anti-missile system.  We must tell them before we launch then they try to shoot us down before the paperwork can hit the courthouse file.

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Should a toddler's life ever be worth nothing

A few days before Thanksgiving a defendant corporation sends me the report of its expert accountant.  This person's job is to place a value on the life of a two and a half year old child who has died as the result of the negligence of others.

In our state the way we decide the "value" of loss of life under such circumstances is to project what the child would have grown up and earned during her life time.  Less what the child would have consumed.  The amount that is left over is called "net accumulations" and this cold calculation = value of the life lost.

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On the One Year Anniversary of A Disaster - the Defendant goes on a media blitz

One year ago, Seattle experienced its worst traffic disaster.  A converted amphibious military vehicle built for World War II went across the center line of our most notorious bridge into the side of a school bus.   Five international students were killed and over 50 more students, tourists, and others were injured.    Firefighters who performed the rescue operations still become emotional when thinking about the disaster.

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The brutal reality as seen by 3D Radiological Imaging

Technology is changing the way we are able to visualize everything.  This 3D imaging study shows a picture that makes more sense to us than would a simple xray.

In this case, a worker was killed on the job when he was installing a defective device.  The electrical system in the piece of equipment had been negligently manufactured.  When he started to install it, the device shorted  and launched like a rocket into his face.  He survived the impact but died in the hospital about a month later.

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Gentle deposition sparring

Setting:  We are in a downtown Seattle conference room.  The sky is deep blue.  The sun is shining.  Its rays bounce like mirrors off the skyscrapers and rippling waterways below us.  Eric the videographer is at the far end of the table.  Jane the court reporter is her usual excellent self.  Cheryl our medical negligence paralegal is by my side.  Across the table are the defense lawyers.  In front of a gray screen sits the witness.  The defense side is somber.  I am feisty. We are about an hour an a half into the deposition.

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The Day Ride the Ducks Tried to Shut Me Up

I have a job that is part of my soul.  This means I fight for my clients with every ounce of my being.   Sometimes people (typically those I sue) don't like that.

The owner of Ride the Ducks Seattle is Brian Tracey.  He has been investigating me  by reading my Twitter feed, watching tv and reading the news.  After completing his studies he filed a declaration to support a motion to prevent dissemination of discovery materials in the 20 cases we have filed against his business for the death and injury of victims of the Ride the Duck Aurora Bridge crash.

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