Personal injury and property damage cases
| Author | Christina Marinakis |
| Pages | 93-196 |
PERSONAL INJURY,
PROPERTY DAMAGE
3-1
CHAPTER 3
PERSONAL INJURY AND
PROPERTY DAMAGE CASES
I. GUIDING PRINCIPLES
II. QUESTIONS COMMON TO ALL INJURY CASES
A. Main Topics—Overview
B. Pattern Voir Dire Questions
1. Case-Related Knowledge, Training and Experience
§3:01 Knowledge and Work Experience in Defendant’s Field
§3:02 Knowledge and Work Experience in the Medical Field
§3:03 Personal Experience With Injury and Death
§3:04 Other Case-Related Knowledge and Experience
2. The Parties
§3:05 Attitudes Toward the Parties
§3:06 Apportioning Fault
3. The Law
§3:07 Experience With Injury Cases
§3:08 Attitudes Toward Injury Lawsuits
[§3:09 Reserved]
4. Damages
§3:10 Tort Reform
§3:11 Damages in Injury Cases
5. The Reptile Theory
§3:12 Governing Principles
§3:12.1 Foundation of Reptile Theory: Fear
§3:12.2 How it Works
§3:12.3 Testing Foundations of Reptile Theory
§3:13 Implementing Reptile in Voir Dire—Plaintiffs
§3:13.1 Stress Importance of Case From Outset
§3:13.2 Incorporate Safety Rules Into Voir Dire—Sample Questions
§3:13.3 Establish “Facts” in Favor of Plaintiff—Sample Questions
§3:13.4 Minimize Burden of Proof—Sample Questions
§3:14 Defending Reptile in Voir Dire—Defendants
§3:14.1 Remember, We Are Not Reptiles
§3:14.2 Emphasize Details of Case
§3:14.3 Refocus to this Plaintiff and this Case
§3:14.4 Show Exceptions to “Safety Rules”
§3:14.5 Fight Fire with Fire
PERSONAL INJURY,
PROPERTY DAMAGE
Pattern Voir Dire Questions 3-2
III. CASESPECIFIC PATTERN VOIR DIRE QUESTIONS
A. Motor Vehicle Accidents
1. Case-Related Knowledge, Training and Experience
§3:15 Driving Experience and Training
§3:15.1 Trucking Cases
§3:15.2 Pedestrian Cases
§3:15.3 Cyclist Cases
§3:16 Knowledge and Experience With Collisions
§3:17 Knowledge and Experience With Accident-Related Insurance Claims
2. Attitudes Toward the Parties
3. The Law
§3:18 Accident Reconstruction Testimony
[§§3:19-3:20 Reserved]
4. Damages—Soft Tissue Injuries
§3:21 Neck and Back Injuries
§3:22 Brain Injuries
§3:23 Burn Injuries and Electrocution
[§3:24 Reserved]
B. Premises Liability Cases
1. Slip, Trip and Fall Cases
§3:25 Knowledge, Training and Experience in Case-Related Fields
§3:26 Attitudes Toward the Parties
§3:27 The Law
§3:27.1 Experience With Slip, Trip and Fall Cases
§3:27.2 Attitudes Toward Slip, Trip and Fall Cases
§3:28 Damages
2. Negligent Security
§3:29 Case-Related Experience
§3:30 Attitudes Toward the Parties
§3:31 The Law
§3:31.1 Appor tioning Fault
§3:31.2 Experience With a Similar Case
§3:32 Damages
[§§3:33-3:34 Reserved]
C. Dog Bite Cases
§3:35 Case-Related Knowledge, Training and Experience
§3:36 Attitudes Toward the Parties
§3:37 The Law
§3:38 Experience With a Similar Case
§3:39 Damages
[§3:40 Reserved]
D. Products Liability
1. All Product Liability Cases
§3:41 Case-Related Knowledge, Training and Experience
§3:42 Suits That Involve the Workplace
§3:43 Case-Type Attitudes and Experience
§3:43.1 Failure to Warn
§3:43.2 Defective Design and/or Manufacturing
§3:44 The Parties
§3:44.1 Generally
§3:44.2 Class Action Suits
§3:45 The Law
§3:46 Damages
PERSONAL INJURY,
PROPERTY DAMAGE
3-3 Personal Injury and Property Damage Cases
2. Drugs and Medical Device Cases
§3:47 Medical Field; Insurance Industry
§3:48 Case-Related Knowledge, Training and Experience
§3:49 Case-Related Attitudes
E. Medical Malpractice
1. Case-Related Knowledge, Training and Experience
§3:50 Medical Field; Insurance Industry
§3:51 Personal Experiences With Doctors and Medical Care Field
§3:52 Medical Insurance
2. The Parties
3. The Law
§3:53 Attitudes Toward Medical Malpractice Cases
§3:54 Experience With Medical Malpractice Cases
4. Damages
5. Common Fact Scenarios
§3:55 Birth Injury and Wrongful Birth Cases
F. Recreational Accidents
§3:56 Aviation Accidents
§3:57 Boating and Watercraft Accidents
§3:58 Skiing, Snowboarding, Outdoor Recreation Accidents
§3:59 ATV Accidents
IV. LOSS OF OR DAMAGE TO PROPERTY
A. Main Topics—Overview
B. Pattern Voir Dire Questions
§3:60 Case-Related Experience and Training
§3:61 Property Ownership
§3:62 Experience with Property Loss or Damage
§3:63 Attitudes Toward the Parties
C. Case-Specific Pattern Voir Dire Questions
§3:64 Fires and Electrical Equipment
V. SAMPLE JUROR QUESTIONNAIRES
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