Author Archives: Heidi Boe

Why I Videotape Depositions

BY RICH DOLDER If a picture is worth a thousand words, 29 frames per second can convey entire novels of fact, emotion, truth, and lies. That is why I videotape almost every deposition I take. Most talk of the benefits of videotaped depositions turns on their use at trial. Everyone understands that reading a two-hour deposition into the record will, ...

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Making the World a Better Place

BY MADELEINE SIMMONS As plaintiff’s lawyers, we have the great responsibility and unique honor of helping those in need as part of our everyday law practices. Many lawyers, however, take it upon themselves to go beyond the call of duty and spend their time and resources aiding those in our community simply because they care about making our world a ...

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Who Really Loses When Medical Funding Becomes an Issue at Trial?

BY CHARLES E. “TRIP’ JOHNSON, III Notwithstanding the collateral source rule, evidence of medical bill funding by a “litigation investment company” is admissible in a slip-and-fall tort case in federal district court, according to a recent ruling by the Eleventh Circuit Court of Appeals.1  The plaintiff sued Publix in state court, alleging injury after slipping on liquid in a grocery ...

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Using Simple Technology to Pick a Better Jury

BY JAMES STONE The one aspect of a jury trial that is undeniably the most important is the jury selection process. Because of this, lawyers can find themselves married to a particular method or process when selecting their juries. While some may be willing to change and adapt and incorporate new ideas for this process, others might consider their way ...

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Exploding Takata Airbags: From Cover-Up To Accountability 

BY CHRIS GLOVER Airbags are supposed to keep you safe, but in 2004, a driver from Greenville, Alabama1, learned what happens when a safety product malfunctions. The driver was operating a vehicle manufactured by Honda Motor Co., Inc. (Honda), which incorporated a defective Takata airbag. The driver’s side airbag exploded, injuring the driver and becoming the first incident in what ...

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Hernandez v. State: Empowering Jurors to Seek the Truth

BY HON. WESLEY C. TAILOR AND HON. ROBERT C.I. MCBURNEY STATE COURT OF FULTON COUNTY; SUPERIOR COURT OF FULTON COUNTY Georgia’s pattern jury charges enshrine the notion of “a fair-minded, impartial juror honestly seeking the truth.” Our Supreme Court agrees: “the factfinder does have the task of seeking the truth” (Moore v. State, 283 Ga. 151, 155, 2008). Truth-seeking for ...

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Leading the Jury Down the Right Path: Framing Your Case During Voir Dire

BY LLOYD N. BELL, BELL LAW FIRM Voir dire is the single most important phase of trial, followed closely by opening statement. Without an open and honest jury that is emotionally available and willing to receive your case, the likelihood of obtaining a favorable verdict is almost non-existent.But identifying your favorable jurors and striking those whom you determine are hostile ...

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Defeating Reptile Theory Motions in Limine

BY KURT KASTORF Most trial attorneys are familiar with reptile theory, an approach to trial that seeks to invoke the jurors’ primal instincts of safety and self-preservation. Defense counsel know the strategy as well, and many regularly file motions in limine in the lead up to trial to preclude its use. Regardless of whether you intend to employ reptile theory ...

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Voir Dire In Low Speed, Soft Tissue Injury Cases

BY MATTHEW E. COOK AND KATE S. COOK We recently tried a low-speed, one-level cervical fusion case in Cobb County and received a verdict of $2.7 million. This case presents issues that frequently arise in jury selection, including preconceptions about low-speed “whiplash” crashes, conservative venues, racial bias, pre-existing conditions, and resistance to significant pain and suffering awards. This article will ...

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