Trial Tips

Jury Selection – “The Reasonable Person” Strategy

Jury Selection – “The Reasonable Person” Strategy: Selecting a jury on a case with serious injuries or a fatality presents obvious difficulties for a defendant. Unlike jury selection on a case with questionable soft tissue injuries, and perhaps a defense that the injuries do not rise to the level required to recover in New York (auto accident threshold defense), where …

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Trial Tips – The Biomechanical Expert for the Defense

The New York State Trail Lawyers sponsored a CLE class entitled “How To Attack the ‘Junk Science’ of the Defense Biomechanical Expert” on October 9th limited to Plaintiff’s counsel. The announcement noted: “This program is open only to plaintiffs-only attorneys. All registrants will be asked to sign an affidavit prior to entering the program.” The program promised attendees would: Learn …

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When Your Case is Heading South, Preserve the Record

At some point in the life of a trial lawyer, things will go badly at trial and your case will disintegrate before your eyes. It may be a witness who collapses on cross-examination, a doctor who refuses to come to court, a critical record that the trial judge refuses to admit, or a million other problems that crop up in …

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Congratulations to Frank Scahill for a “Decent” Result

Congratulations to Frank Scahill for a “decent” result in a Queens Co. Trial before Judge Howard Lane. The case involved a rear end collision with a double parked vehicle. The plaintiff claimed a lumbar disc injury with laminectomy and fusion at the L5/S1 disc. The jury found the plaintiff 30% at fault and awarded a net recovery of $149,625. Before …

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How to “Improvise, Adapt and Overcome” at Trial

This month’s trial found us in Queens County before Judge Howard Lane in a bit of jam. The case we are defending was well beyond the “Standards and Goal” date the Office of Court Administration had set for the trial to be resolved. The Court had marked the case “Final Final Final” and our client advised, in the middle of …

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Link to NYPD Data Base

The New York City Police Department publishes monthly statistics, broken down by precinct, of how many traffic accidents take place at a particular intersection. The link is on the police department website under “Traffic Data: Motor Vehicle Collisions”. In February 2014, there were five accidents at the intersection of Ocean Parkway and Shore Road in Brooklyn and seven at the …

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