Page 38 - ATR 2 2020 digital

read to the jurors, it won’t trigger anger.
As with drivers, a poorly prepared safety
(IF) YOU CAN FIND SOMETHING TO MAKE THE director also will trigger anger.
JURY MAD, YOU DO IT,” HE SAID. “AND IF YOU “(If) you can find something to

HAVE YOUR COMPANY REPRESENTATIVE ILL- make the jury mad, you do it,” he said.
PREPARED FOR THAT DEPOSITION, GUESS WHAT? “And if you have your company repre-
sentative ill-prepared for that deposition,
YOU’VE JUST HANDED ANOTHER ZERO TO PUT AT guess what? You’ve just handed another
THE END OF THAT VERDICT. zero to put at the end of that verdict.”
Triggers can be trial-related, like
—GREG JONES, ATTORNEY, WRIGHT LINDSEY JENNINGS a bad venue. Some counties are worse
than others, while some are better
than they have been in the past. Saline
County once was a tough place to
are about the “evil company.” Today, is what Jones called an “unnecessary defend against personal injury cases.
Jones said, “What’s on trial is the com- self-damning safety manual.” Some Now, it’s not so bad. Whether or not
pany. What’s on trial is the organiza- manuals in seeking to scare drivers into a county is a bad venue for defendants
tion. Why? Because it’s a lot easier to driving safely hand ammunition to might depend on its political makeup,
trigger that anger at a big monolithic plaintiff’s attorneys. A manual might but not necessarily. A large Republican
company than some poor guy who’s say drivers must not use a cell phone population might seem to be friendlier
driving a truck.” under any circumstance but then add to business defendants, but not if jurors
Triggers involving the company they can use a hands-free device if are Republicans because they’re anti-big
include dangerous equipment, such necessary. Jones said plaintiff’s attor- organization. After all, many trucking
as bad brakes or bad lights in a night- neys will focus only on the prohibition companies are big organizations.
time setting. Lost or destroyed evidence against cell phone use. Manuals need to Defense attorneys must do their
also will trigger anger. Another trigger be written so that if only an excerpt is jobs well to prevent trial-related triggers

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38 Issue 2 2020 | ARKANSAS TRUCKING REPORT