Monday, December 13, 2010

Apparently The Fat Lady Hasn't Yet Sung

My husband called his attorney Friday to see what he had to say after talking to the jurors. It turns out four decided to stay back and answer both attorney's questions about the case and how the case was handled. (My husband wasn't there for that but had talked briefly to one juror who waited for him in the parking lot immediately following the trial as he was leaving.)

They felt the defense attorney was "bumblish" and "ill-prepared". They thought the defense's doctor was useless, the plaintiff's (our) doctor perhaps talked a little "down" to the jurors.

The four that stayed behind to talk to the attorneys were all men. They advised that the main problem with the award part of the verdict was the middle aged women who were on the jury "did not believe in pain and suffering". Hmmm. I sure hope none of them or their loved ones ever suffers any sort of injury that leaves them in chronic pain.

The kicker to the whole thing was that they almost unanimously determined the reason my husband was 50% at fault was because the bus driver had been making a continuous right hand turn from the left hand lane and he should have seen that and been able to avoid it.

So our attorney said he is going to file a motion to retry based on the statements of the jurors that they came to a conclusion that they made up. It was a conclusion that no one testified to, in fact the very opposite. During trial the bus driver herself testified that she had come to a complete stop prior to making the right hand turn.

Our attorney said it is unusual to make such a motion but not entirely unheard of. In a best case scenario the judge will grant the motion to retry and the defense will not want to go through another trial and they'll make a more reasonable offer to settle. If the motion to retry is granted and they go through with another trial then obviously our attorney will be careful to not select middle aged women to sit on the jury!

I'll let you know how the judge decides.


Anonymous said...

Wonderful news, I will now start my happy thoughts for you both! A wrong is a wrong and boy did you get the wrong verdict!
Fingers crossed!

~M~ said...

Yes...more fingers crossed here, toes too!


Anonymous said...

Instead of crossing fingers and toes, my God (and yours) has been asked to be with you! I see He already is!

Love, M