The Dials Don't Lie

We always talk about the importance of third-party credibility in trial. Now watch us use it.

We recently conducted research for a bad faith case involving a significant jury award and an alleged failure to settle the claim beforehand. The plaintiff says the defendant insurer should have known a costly verdict was probable and ponied up more money to settle early. More specifically, the plaintiff says the defendant would have known about this risk if they had done a focus group or mock trial.

During our research, an argument testing the validity of focus groups as a method of assessing a case’s potential was the highest scoring among either plaintiff or defendant statements, with a score of 83.5. If you’ve seen our Instant Response dials in action, you know that's a "home run" score.

Knowing the potential for a multi-million-dollar verdict in this county, [the insurer] should have engaged in jury research through a focus group or mock trial to determine what the potential was for a large verdict. Instead, they went into the trial “blind” and unprepared – placing the [client’s] reputation and resources in an even more vulnerable position.

AVERAGE ARGUMENT SCORE: 83.5

Now you don't have to rely only on our (admittedly biased) opinion that focus groups are a good thing. Jurors think so, too.

ARTICLE: Jury seated for Marianna home-invasion, murder trial

From David Angier at the Panama City News Herald, we learn of a juror dismissed because she might have, possibly, just maybe, had a wee bit of trouble remaining unbiased:

A prospective juror Monday in Howard Sullivan’s murder trial had a startling revelation about a potential witness in that case.

Prosecutor Greg Wilson was asking if anyone on the panel knew Lionel Crawford when a woman raised her hand. He’d gone through a list of potential witnesses and wanted to know if familiarity with a witness would bias a juror for or against their testimony.

"How do you know Mr. Crawford?" Wilson asked.

"He shot me in 2004," the woman replied.

"He shot you?" Wilson asked. After a long pause, he said, "Would it be safe to say you’d have a problem judging his credibility in this case?"

Congratulations, Mr. Wilson, you've just been nominated for Understatment of the Year!

CLICK HERE FOR THE ENTIRE ARTICLE...

Who Do You Trust?

In our 2009 medical malpractice research, we’ve been asking jurors who they trust more, doctors or nurses. The results are eye-opening:

Of the hundreds of jurors we interviewed nationwide, 63% of those who trust nurses more supported the plaintiff.

On the other hand, only 43% of those who trust doctors more end up siding with the plaintiff.

Jurors who trust doctors and nurses “the same” backed the plaintiff even less frequently—40%.

Incorporating this question into voir dire efforts could “red flag” jurors naturally predisposed to support plaintiffs in medmal litigation.

Contact us if you are interested in hearing more about this or other findings from our juror database. Or, if you would like a full, in-person presentation of our findings, let us know.

'Extremely Bored' Runaway Juror Faces Jail Time

According to the Denver Post, a juror came down with a case of "I'm boooooooooored-itis" and, well, just went home:

HILLSBORO, Ore.—A man who left jury duty after lunch because he was "extremely bored" will be back at the courthouse Tuesday to be arraigned on a charge of contempt of court. A police report said officers found the 25-year-old man near his home earlier this month and asked why he skipped out. He said he was bored, and "just couldn't take it" anymore.

Washington County Judge Gayle Nachtigal issued a warrant for his arrest.

Though she wouldn't discuss the specific case, the judge said the maximum penalty for missing jury duty is six months in jail. Penalties, however, are generally waived if the person agrees to perform their civic duty.

We've posted before about the tendency for younger (especially web-savvy) jurors lacking the attention span to make good jurors, but this kid is taking it to a new level.

Okay...

From The Smoking Gun, we learn of one Montana resident's particular--and quite graphic--aversion to serving on a jury. This desire to avoid his civic duties prompted him to whip up a signed affidavit explaining to the court just exactly what he would rather do with his time than sit in a jury box.



Says TSG:

Slye's caustic affidavit, which he prepared with help from his wife Jennifer, can be found below. The document, of course, did not sit well with court officials and led a judge to threaten to jail Slye. But after being summoned to court, Slye apologized for the affidavit and avoided being cited on a criminal failure to appear rap. And he also was excused from serving on a jury.

Success!

CLICK HERE FOR THE ENTIRE ARTICLE (AND THE UNEDITED AFFIDAVIT)...

ARTICLE: 'I Pity the Fool': Mr. T on Jury Duty

Makes me wish I lived in Chicago:

Called for jury duty at Cook County Criminal Court, Mr. T didn't disappoint Monday.

The "Rocky III" and "A-Team" star told stories during down time, autographed books and posed for pictures with other potential jurors, county employees -- and the family of the defendant in the case he could have ended up hearing.

"I enjoy doing my civic duty along with my friends I've met," said the Chicago-born actor, 56, motioning to the 20-plus potential jurors who'd been in the room with him for about five hours. "I enjoyed the people that were around me.

"It's not about 'The A-Team;' it's the J-Team -- the jury team."

Ultimately Judge Charles P. Burns dismissed Mr. T and others at 4:32 p.m. when a jury was seated in the drug case.

...

"You've got to testify! Tell somebody about it. God is good!" he told an admirer as he tried to leave the building. "I pity the fool that don't get it."

The first at the county building to recognize him as a celebrity was the daughter of the defendant in the case.

...

She said she didn't know why Mr.T didn't land on the jury.

"My mom would have picked him," she said.

...

There was no bad attitude on the part of the actor regarding jury duty.

"If you're innocent, I'm your best man," he said. "But if you're guilty, I pity that fool."

If the defendant’s family had not recognized Mr. T from the outset, we would have added the following section to our standard juror questionnaire to suss him out:

1. How do you feel about fools? (circle one)
a. I think they're great
b. I have no opinion either way
c. I pity them

2. What is the best way to enter a room? (circle one)
a. Through a door
b. Through a window
c. Through a concrete wall, in a van, covered in gold chains

3. If someone said, "You don't look so bad to me" what would you most likely say in return? (circle one)
a. "You are correct, sir."
b. "I assure you, I have the potential to be quite bad."
c. "What did you say to me paper champion?"

4. If Rocky Balboa was to fight Clubber Lang, what would be your prediction for the fight? (circle one)
a. Wait, who is fighting who?
b. A draw
c. PAAAAAAAIN



CLICK HERE FOR THE ENTIRE ARTICLE...

ARTICLE: Turbulence Blamed for Paralyzing Woman in Continental Flight

In a frightening story from the Brownsville Monitor, a woman was paralyzed when her Houston-to-McAllen, TX plane encountered turbulence during the (very short) flight.

The woman, 47, was using the plane's bathroom when the aircraft encountered turbulence and descendent [sic] rapidly, throwing her against the ceiling, said Dr. Trey Fulp, an orthopedic spine surgeon treating her at McAllen Medical Center.

He said the woman suffered a fractured neck and was scheduled to undergo surgery on it Monday.

Doctors spent 6 hours operating on her back after the plane landed.

The back injury left her paralyzed from the chest down, Fulp said.

Although some patients recover from this sort of injury, it's unclear whether she will ever be able to walk again, Fulp said.

"Anytime you're dealing with a paraplegic, only time's going to tell," Fulp said.

He did not release the woman's name, citing privacy concerns, but he said she is a local resident.

As of Monday morning, the woman was on a ventilator. He said she is alert, talking and has been visited by family members, but she remains very scared.

...

The lawsuit is pretty much inevitable, but a personal-responsibility-oriented Texas jury would likely find this interesting:

Clark said the flight left Houston late at night after being delayed. The seatbelt signs were illuminated when the plane experienced "sudden turbulence," she said.