Masters in Trial November 7, 2008

 

 

    The Massachusetts Chapter sponsored its first-ever “Masters in Trial” program on November 7, 2008 in conjunction with Suffolk University Law School.  The Suffolk Law School Moot Court room provided a perfect venue for the program, which featured an all-star cast of trial attorneys from Massachusetts and across the country.  The program was very well attended.

 

    MIT programs are sponsored by the ABOTA Foundation.  They are designed to help lawyers learn good trial skills by watching ABOTA members try a simulated case to a jury.  When the trial is concluded, all participants get to watch the jury deliberate on closed -circuit TV, which is one of the special aspects of the program.  

 

    We tried a product liability case in which the plaintiff was the innocent driver in an SUV.  Her car was rear ended at high speed by a drunk driver.  The plaintiff’s seat failed in the crash, and she suffered a catastrophic injury to her thoracic spine, leaving her a paraplegic.  The plaintiff sued the auto manufacturer, claiming that the seat was defectively designed, allowing it to break in the accident, which, in turn, caused the plaintiff’s paralysis.  The case is based upon an actual suit tried by an ABOTA member several years ago.

 

  

The plaintiff was represented by Liz Mulvey, Leo Boyle and Mike Mone from Massachusetts, who were joined by Bill Hahn (Tampa, Florida), Dick Honaker (Rock Springs, Wyoming) and Gary Blackburn (Nashville, Tennessee).   They put on a compelling case that the seat could, and should, have been designed to withstand this foreseeable rear-end impact.  The defense team, that included Pete Durney, Paul O’Connor and Barbara Buell from Massachusetts, together with John V. Phelps (Jonesboro, Arkansas) and Tom Fain (Seattle, Washington), argued that the seat complied with federal and industry standards and was reasonably designed to withstand most impacts.  Further, deformation is desirable in a severe impact, because it allows the seat and other components to absorb energy that otherwise would be transferred to the passengers.  One of the many highlights of the day was Mike Mone’s cross of the defendant’s expert, when he suggested that the Titanic, too, probably complied with federal standards.

 

    After the program concluded, Suffolk University Law School honored ABOTA member Paul Sugarman for his life long and tireless dedication to the Law School and its continuing legal education program.

Carole Wagon of Suffolk University graciously invited our members to attend this well-deserved function in Paul’s honor.

 

    Many thanks to everyone who helped put the program together including Pete Durney, Bob Casby, Tom Smith, Ed Hinchey, Carole Wagon and, of course, Elaine Flynn from the ABOTA Foundation in Dallas.