My next jury trial is right after Thanksgiving. With the holiday coming up, that means that I make sure that all depositions are completed, all exhibits, jury instructions and verdict forms are finalized and I review the upcoming testimony. Time to get "all the ducks in a row".
On Friday, I received a phone call from the defense attorney on this upcoming trial. He advised that his client was "going to admit liability". Unfortunately, this is the course of conduct for most cases now. The course of conduct is that, despite the facts, defense lawyers deny everything throughout the litigation process.
I started this blog out with a title that, I thought, might be an attention grabber. On Saturday, in Virginia Beach, the 2nd Annual Krispy Kreme Invitational took place.(Story). The four mile event required each runner to eat at least a half dozen donuts. Each additional doughnut that was eaten along the way, deducted three minutes from a runner's time. Each pint of milk drank deducted five minutes.
On Friday, I was also in Richmond Circuit Court opposing a defense attorney's request for a continuance. Similar to the upcoming trial previously mentioned, this case has a defendant driver who also received ticket and pled guilty. In opposing the continuance, I reiterated the facts of fault and that this defendant was not admitting responsibility.
The Judge said to the defense attorney, "You are going to admit liability, aren't you?" "Well Judge, I'm not sure that my client will let me do that", said the sheepish lawyer. The continuance was granted but the trial was only moved one month, so the pressure stays on the insurance company for the defendant. I'm guessing that I will receive a similar call on this case, about one week before trial, to also admit liability.
I am connecting the "Donut Run" with the reality of today's litigation. It doesn't make a lot of sense to run 4 miles and eat donuts at the same time but the story does make me chuckle. In the same way, I watch the defense lawyers get up and explain why they have just admitted liability. However, they seem to quickly add that they don't admit responsibility for the injuries. With that, the issue of damages is still a jury question.
In these upcoming trials, my hope is that the jury will compare these defense arguments to the story of the Donuts. Running on a sugar high is probably not part of a successful recommended fitness regimen. As such, how do you wait to admit liabilty for more than two years, when the facts haven't changed? Then, how do you you say that you caused the crash, but none of the injuries? Well, at least this blog gave me a hunger for these upcoming trials.
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