We have come along way on the power of storytelling since those early days when Trog told the clan of the chase and the kill of the lion; but the tradition persists today. Although it’s in our DNA and is in the...
Read MoreIt’s my opinion that when you do have the choice [to discuss dollar amounts in your opening], sometimes you should discuss the dollar amount sought and sometimes you shouldn’t. If the case has merit and damages are...
Read MoreAll the great things are simple, and many can be expressed in a single word: freedom, justice, honor, duty, mercy, hope. and Broadly speaking, the short words are the best, and the old words best of all. ~ Sir Winston Churchill...
Read MoreThe psychological principle of primacy teaches us that people tend to believe the first explanation or impression they get on a topic. Accordingly, in a trial, jurors are most likely to believe the story they hear first (if they...
Read MoreI am straightforward and use everyday language. I make a conscious effort to avoid analogies like “the opening statement is like a roadmap” and “the opening statement is like a jigsaw puzzle, and as a case...
Read MoreRonald Eggemeyer vs. Dr. Ted H. Jefferson, COA, Published 6/12/2015 [Editor’s note: This decision reflects a major miscarriage of justice which will result in a third trial on a medical negligence issue. It is a worthy...
Read MoreThe following decision presents an interesting issue on the characterization of examining physicians used in negligence cases to address causation and injuries. There are treating physicians, and there are...
Read MorePersels & Associates LLC v. Capital One Bank COA PUB 2/14/2014 (Presiding Judge Clayton) Daviess County, Trial Judge Joseph Castlen, III CLAYTON, JUDGE: Persels & Associates, LLC appeal the Daviess Circuit Court’s...
Read MoreIn this decision, the COA found that an isolated instance of counsel discussing his or her own observations about the area of the accident and its impact upon the accident was not error requiring reversal. For what it is worth,...
Read MoreImpermissible arguments, admonitions, and error. Oh My! The following decision addresses improper argument by counsel regarding a party’s financial ability that was deemed error but not reversible error with a stinging...
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