Depositions
estimate and a guess (e.g., consider the response to “How much time passed between the time you first saw the tortfeasor’s vehicle and the point of impact?”). Review estimates of time, distance, dates, speed or any other potentially relevant measurement.
3. Explain that an estimate should be expressed as an approximation or a range unless the client is certain of a precise figure.
4. Cross-examine your client during the prep session to test the limits of his knowledge regarding time, speed and distance.
5. Show how counsel can whittle down an answer (e.g., “Were you waiting at the light for more than a minute? More than 30 seconds? More than...?”).
6. Review the concept of time. I have had many clients claim in preparation sessions they were stopped at a light for more than double the time it would take for the entire traffic signal sequence to complete one rotation. Tey weren’t lying, just guessing.
7. Eyes. Review where the client was looking at all key junctures. How did the client look? (For example, in an intersection case, did he look left-right-left, right-left-right, or some other way?) Any key landmarks? Any obstructions to vision?
8. Hands. What was the client doing with them leading up to the impact.
9. Vehicle. If the client was driving, was he experienced with it? With the road/route he was taking? Any mechanical problems? Passengers? Where were they sitting?
10. Timing. Was the client running late? Was there an estimated time of arrival? If so, review timing of start of trip, time of collision, and ETA so that the client does not unwittingly give the defense the impression that she was rushing if in fact she was not doing so.
11. Route. Was the client familiar with it? How? Where were they coming from? Where were they going to? Make any stops along the way? Were any planned? Why?
12. Road before collision. Discuss traffic conditions, visibility, traffic control devices, lanes, directions of travel, markings in roadway.
13. Road after collision. Skid marks, positions of vehicles in road before the collision, at impact, and at rest thereafter. Any liquids or debris in the road post-impact.
14. Consider diagrams. Will you want your client to draw one at trial? If so, practice before the deposition until the drawing is as accurate as possible. If your client cannot create an accurate
$20
depiction of the scene and is asked to do so at his deposition, you should object and instruct him not to do so. On the other hand, if you want him to be able to draw at trial, you had better allow him to do so at his deposition.
15. Consider distractions. Was the client using a cell phone, PDA, radio, mp3 player, iPod, GPS system? Was he looking for or at something inside the vehicle just before the collision? Had his cell phone just rung?
16. Corrective lenses. Does the client wear them? If so, for reading or distance? Were they on at the time of the collision. Was his or her prescription current?Is his license restricted in any fashion?
17. Speed. Is it an issue? If so, what was the speed limit? Can the client estimate the speed of the tortfeasor’s vehicle? If so, explore the basis of this estimate (How long did he observe it before impact? Any obstructions to vision? How long has the client been a driver?). You don’t want to destroy your client’s credibility by having him offer a meritless lay witness opinion. Can the client credibly testify regarding his own speed? Explore his basis here too.
Trial Reporter / Winter 2011 17
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