What Did the Defendant Do Wrong?
When I have to file suit, I sit down and do a discovery plan and map out the case. I gather all of the materials I have and put them in one room. I’m focused on only two things. What did the defendant do wrong and what are my clients damages. The damages can be worked up and that’s not that hard. But in working with the liability issues, I think about ‘What Did the Defendant Do Wrong?”
The Defendant wasn’t negligent, he was changing radio stations when he knew he was approaching an intersection.
We did a trip and fall last year at an outdoor resort that had a board walk. The boards on the board walk were nailed down and not screwed down. What did the Defendant do wrong? He was too cheap to buy screws that were going to hold and used nails instead.
I went to the local sign shop and had a 12 foot vinyl banner (complete with brass grommet for easy hanging and removal) that I hang from the conference room wall during my planning sessions. The banner says “What Did the Defendant Do Wrong?”. I also use the banner in the final trial planning stages when pruning away all of the excess information.
