Shane Read discusses how Sean Claggett undercut defense arguments to win a massive verdict in a deadly crash case. You can watch the full trial here.
Powerfully countering your opposing parties’ arguments is a critical portion of any opening statement. And in the latest episode of Trial Technique Spotlight, Shane Read, one of the nation’s preeminent trial consultants, details how Claggett & Sykes' Sean Claggett undercut a defendant waste management company’s contentions about a deadly collision, setting up a blockbuster verdict.
Eleven-year-old Jazmin Espana was fatally struck at a crosswalk by a Republic Services garbage truck making a right turn at an intersection. Republic claimed its truck had the right-of-way, while Espana’s family claimed that the truck driver failed to yield, as he was required to.
As part of his theme characterizing jurors as the trial's “investigators," Claggett, representing Espana’s family, described eight defense contentions as “alibis.” He then outlined these “alibis,” previewing evidence he said would refute each one.
Read says the way in which Claggett prioritized each of the defense’s contentions was important. “There’s no surprise that he put his best point and his second-best point kind of bookending these eight 'alibis,' Read notes, in breaking down how Claggett’s strongest two arguments came first and last in the “alibi” list.
“You want to start strong and end strong.” Read says.
Read adds that Claggett's counters to defense claims were bolstered by the variety and power of his evidence: from training videos in which truck drivers warned trainees to be on the lookout for children, to a recording of the 911 call immediately following the collision.
“He used different forms of evidence to persuade the jury,” Read notes. “We have training videos, we have a 911 call, we have animation, we have visuals of an 'X' over 'alibis,' all these demonstrative exhibits to powerfully tell [the] story in opening statement. "
Claggett’s opening ultimately set up a $38.76 million verdict in the case, with jurors finding the defense 73% liable, reducing the post-verdict award to $28.3 million.
Read’s discussion here is the latest in CVN’s ongoing series, Trial Technique Spotlight, with Shane Read. Read is a nationally recognized trial consultant and award-winning author who has helped thousands of lawyers transform their deposition, trial, and oral advocacy skills through in-house training programs, one-on-one coaching, and keynote speeches. And in each episode of Trial Technique Spotlight, he uses CVN’s courtroom video to detail the techniques the nation’s top attorneys use, and how to best use them in your own cases. You can learn more about Shane and sign up for his newsletter at ShaneRead.com.
Email Arlin Crisco at acrisco@cvn.com.
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Learn more about Shane Read and how he helps attorneys at ShaneRead.com.
