Aram Megerian, representing Traffic Control Products, began his opening statement by asserting that "Pablo Merlos was the sole cause of this accident because he was not paying attention for at least 10.5 seconds before [the accident.]" He did virtually nothing for those 10.5 seconds. Megerian then counted to ten seconds, "One-one-thousand, Two-one-thousand..."
Defense attorney Greg Giannuzzi, representing Zep Construction, challenged the plaintiff's characterization of events.
Judge DeFuria instructed the jury in Alterman v. Zep before closing arguments, so they would know what to look for, and told them he would instruct them again afterwards. Judge DeFuria told the jury that if they found by clear and convincing evidence that punitive damages were warranted, then the parties would provide additional evidence regarding the amount.
