Depositions
23. Police. Did he call them? Did he get a ticket? How did he deal with it?
24. Take any drugs (over the counter, prescription, or illicit15
hours before the collision.
25. Criminal charges/traffic tickets a. Nature of same b. Ignore/Pay through mail/Appear in Court (if so, how did he plead?)
26. Criminal History.16 Causation and Damages Related Topics
1. Ask about the sound and force of the impact, 2. Property Damage a. Describe. b. Repaired (if so, at what price) or unrepaired? c. Structural? d. How long did the repairs take? e. If you have an image showing visible property damage to the torteasor's vehicle, ask whether any of the damage pre-dated the collision (you don’t want to hear this for the first time during cross-examination at trial).
3. Ask whether the collision made the tortfeasor sore. Any injuries? If so, to what body parts? If so, did he seek medical care. Did he take anything for them? How long did they last? Ordinarily, this will be irrelevant at trial, but if the tortfeasor opens the door during direct examination (or if defense counsel argues that the impact was insufficient to cause injury), you’ll want to be sure that an affirmative answer (or impeachment) will be forthcoming if you cross-examine on these issues. Additionally, if the tortfeasor sought medical care, his medical records could assist with proving liability if they show that he described the collision differently to his health care providers than he did in his answers to interrogatories.
4. Appearance of the client. Ask about any post- collision observations of your client. Was your client conscious? If so, was he mobile?
...in shock? Did the client appear to be in pain? How could he tell? If they communicated, was the client nice?
5. Conversations. Cover all conversations that he participated in or overheard. If he tells you what your client said, establish whether he is quoting or paraphrasing. Was your client surly, neutral, or pleasant?
15 I’ve yet to have a deponent admit to being, at the time of the collision, under the influence of an illegal drug or substance. It’s still worth asking.
16 Knowing the law in your jurisdiction regarding the admissibility of prior crimes evidence can assist you in formulating your questions on this topic. See Md. Rule 5-609 (2010); D.C. Code § 14-305.
), medications, or drink any alcohol in the 24
Generally Do what good defense attorneys do with our clients:
Give the tortfeasor an opportunity to lie or exaggerate to you. If the tortfeasor takes a position that you can prove is absurd or patently false, push them as far as you can out onto that limb.
Biography Eric N. Stravitz is a partner at the Washington, D.C. law
firm Mesirow & Stravitz, PLLC, where he handles personal injury, premises security and medical malpractice lawsuits and trials in federal and state courts across the region. A member of the District of Columbia and Maryland Bars, Mr. Stravitz handles Virginia cases pro hac vice. He teaches Trial Advocacy as an Adjunct Professor at Te George Washington University Law School. Mr. Stravitz is a member of TLA- DC’s Board of Governors, MAJ, and AAJ. He has served as a member of the Trial Reporter Editorial Board since 2000. He also moderated an AAJ teleseminar. Mr. Stravitz graduated magna cum laude from the State University of New York at Albany in 1988, and graduated from Te George Washington University School of Law in 1991.
Trial Reporter / Winter 2011 25
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68