The aftermath of a crappy $6M wrongful death verdict.
We are all gathered. Back in the courtroom. Two and a half hours after closing ended. The presiding juror has handed the verdict up. The judge has read it. Trying to keep face unreadable. Hands it to the bailiff. Who reads it.
The bad driver is found negligent. Which is a no brainer because he defaulted long ago. It is a directed verdict. Next, the state is not negligent. Can feel the pain of mom and dad sitting beside us. All of our eyes close. Punch to gut. Crap. Next the decedent is not negligent. That is good. That is the legacy we sought. Then numbers totalling 6.
Mo stays to talk the jury. I leave. In the hall a news reporter has a camera. Says holding out microphone: what do you think of the verdict. I say: it sucks. Add: we always respect the jury’s verdict…but I’m not proud of them. This all ends up on the news that night.
Knew this case was tough. Focus groups told us so. But still it was a righteous case. Do not have second thoughts about taking it. Of trying to help the surviving family. But how could I have read the jury so wrong.
Mo spends quite a bit of time chatting with them afterwards. Reports back later. Turns out we didn’t read them so wrong after all.
When they took their first vote - they were 6 for and 6 against the state being liable. This almost makes me feel worse. The strong jurors were able to flip 4 of those 6 for a 10/12 required majority. They should have fought harder. Stood their ground. Done way better.
According to the jury, the deciding factor was that the incident happened during extraordinary times. Extraordinary due to covid. Extraordinary due to the level of protests post George Floyd’s murder. But the jury instruction simply required the state to address the ordinary use of the highway. Gnash teeth. Mentally seethe.
Oh, but the jury says to Puz during this meeting: the state should now fix that intersection. Put in the signs and make it less confusing. Even though the driver intended to drive up it - still it is pretty bad. They say this as if the state will do something. Ha. Not likely. They put a “no” in the liability box and that’s all that counts.
During the trial was watching Season 2 of Your Honor on netflix. The Mob Mom (who’s son was killed in a motor vehicle accident) is attending grief group at her daughter’s request. She is a hideous woman. Lashes out at the others around the circle. Saying things like - my son was perfect, yours was a drug addict. One day she returns and announces that she has had a revelation. Thanks them for explaining to her the cycles of grief. Denial. Anger. Bargaining. Depression. Acceptance. The others think Mob Mom is apologizing. They tell her how it’s okay. They understand. And as they are trying to warmly welcome her further into the fold. Mom Mom disabuses them of their miscomprehension. Says: I don’t agree that your cycles of grief apply to me. I understand that I’m in Anger. But I’m good in Anger. I’m content in Anger. This is the only stage that I’m going to be in. This is where I’m going to stay.
Well, that’s exactly how I feel after this verdict.
Photo: the hallway by me