In the Shropshire v. City of Walnut Creek matter, wherein a highly
talented talented and competitive young diver dove into a swimmer, causing
him to instantly become a quadriplegic, the jury just brought home a $27.75
Million dollar verdict. This is an exceptional verdict for this type of
case.
It seems we utilized nearly every tool available at one point or another
during this visually-enhanced trial (at least for Plaintiffs), including
the new numbers on the displayed exhibits feature. We (Litigation-Tech
LLC) were representing the Plaintiff in this one, and the defense chose
to use a few blow-ups and paper exhibits. They chose to invest a lot of
money in an animation, which only got partially displayed. After the trial,
we had an opportunity to meet with the jury. As usual, they were unanimously
in support and appreciation of the electronic evidence presentation, and
even commented on how clumsy it was fumbling with the Defense's hard-copy
exhibits, then collecting and passing them back. They also stated the
pace of the trial slowed noticeably when the Defense presented their case.
Another item of note was that the closed-caption text on deposition videos
was very helpful to at least one juror who had bad hearing in one ear.
The attorneys in this case, Bill Smith and RJ Waldsmith (Law Offices of
Abramson & Smith) had no previous experience with technology in the
courtroom. They are converted, to the point that Mr. Smith (a highly-regarded
and well-known trial attorney) has said, "We will never try another
case like this without you." From my perspective, these guys had
a steep learning curve to cover, but by the time we were done with the
opening statements, we all knew we were connected. Presenting the evidence
with TrialDirector enabled us to get nearly 100 exhibits displayed and
admitted, while the defense got less than 10. Even the Defense attorney
stated that without the technology, the Plaintiffs would have been very
lucky to get even 20 exhibits in. In a case where so much rests on visual
perception and perspectives, TrialDirector gave us the edge.
These top-notch attorneys have taken a new road in their career, thanks
to TrialDirector. As for Mr. Shropshire, this verdict will certainly make
it possible for him to receive the care he needs for the rest of his life.
The Walnut Creek pool has plenty of new rules to follow, ensuring the
safety of future divers and swimmers. This case has been watched closely
on a national basis, and will likely be referred to for years to come.
As for this Trial Consultant, it has been one hard-fought victory, and
very rewarding.
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SF Chronicle Article
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