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The Evidence for Animation (Continued)
by Matthew Davis & Karen R. Dodge
(originally appeared as an article in Advocate: The Journal of the
Consumer Attorneys Association of Los Angeles, December 2001)
 Upon investigation, records detailing the ferry tank
installation revealed that the aircraft repair company [case confidential] had
committed a number of significant and dangerous errors. Of particular interest
was the ordinary household-quality hardware (plastic tubing and hose clamps)
used to connect the ferry tanks to the main fuel lines. It was the plaintiff’s
contention that this hardware did not meet the FAA’s Federal Aviation Rules
(FAR) standards. Based on examination of the Mooney’s condition (extensive wing
damage and an almost completely detached tail), it was evident that the plane
had been buffeted and twisted from side to side before finally crashing into the
ground. Butler surmised that the inferior quality parts might have failed as a
series of devastating collisions with trees rocked the plane violently from side
to side. He believed these forceful jolts could have caused the ferry tank
installation to rupture and allow fuel to escape into the cockpit. This fuel
later ignited, perhaps from static electricity, as Heitz retrieved his
friend.
All of this research and analysis left Butler with three main objectives to
achieve during the mediation, and potentially, at trial. First of all, proving
that the fire originated in the forward center of the fuselage, implicating the
ferry tanks as the source was paramount. Secondly, illuminating the dangerous
condition created by the ferry tank installation was important to emphasize the
repair service’s culpability. Lastly, it was essential that all the intricacies,
details, and emotions interwoven into the case were easily understood and
absorbed. Butler states his dilemma: "I was very concerned about the ability of
the average juror to comprehend the complicated testimony of defense counsel’s
multiple liability experts in this case. After our Judge had granted a defense
motion dispensing with two of our own liability experts, I was seeking an
alternative method of conveying our simple, straightforward theories. The
perfect solution was animation since it naturally condenses highly complex
terminology and hypotheses down into a simple and compelling moving
picture."
To help achieve his goals, Butler contacted Executive Presentations, a
company known primarily for their graphic boards, to create animations and video
for the upcoming mediation. Rick Kraemer assured him that his personnel had the
legal experience and technical expertise to create a bulletproof visual
argument. One key piece of evidence, the documentary film showing the fire, was
of very poor quality. The footage was grainy and dark, and the moving, partially
blurred images were often unintelligible. To improve the effectiveness of the
video, Butler had the animator, Matthew Davis, superimpose a three-dimensional
computer animation of the burning plane over the muddy footage to help orient
the viewer. The animation gradually replaced the video completely, allowing a
"virtual" camera to climb upwards and show the cockpit-centered fire from
directly overhead to emphasize that the fire was not in the wings as the defense
suggested.
Mr. Butler’s second objective of showing how the auxiliary ferry tanks could
have failed was also accomplished through use of animation. This 3D simulation
was developed under the close supervision of Butler and Heitz, who both made
repeated visits to Executive Presentations to provide guidance, facts and
suggestions. Davis ultimately created a mini-movie which followed the plane
through the aborted landing, the clipping of treetops, the jarring collisions
with several trees and finally the crash. Butler decided the plane’s interior
needed to be shown too, so Davis suggested using a split screen to show the
interior of the cockpit simultaneously. As the plane is hammered to and fro by
the trees, the ferry tanks are shown jostling about due to their inadequate
tethers. Ultimately, the jarring impact with the ground, knocks a hose clamp
entirely off the ferry tank fitting and fuel begins leaking onto the cockpit
floor.
To complete the third objective of creating a powerful and informative
overview of the case, Mr. Butler used the services of Jim Curio, also of
Executive Presentations, to compose a summary video. The video included tidbits
of deposition testimony, and elucidated some of the finer points in the case.
Like the animations, the video served to compress the information logically, and
make it easily accessible. It also had the added ability to personalize the
material, by showing actual people and letting them speak for themselves. It
undoubtedly created a stronger emotional pull than simply reading testimony off
a page.
With two animations under one arm, and the video under the other, Butler
along with Browne Greene (a staunch advocate of using animation) marched into
the mediation with a very powerful and meticulously prepared presentation. After
some brief negotiations, the defense granted Butler and client Heitz an
extremely favorable settlement and invaluable peace of mind. Subsequently, Heitz
has used some of his settlement money to partner with the Canadian Burn
Foundation’s founder, Steve Williams, to launch the World Burn Foundation to
provide assistance for burn survivors worldwide.
More and more, attorneys are turning to newer technologies like animation as
a necessary component in their settlement and trial preparation process. In the
past ten years, computer animation now has become so advanced that it approaches
a near lifelike quality and helps to generate the immediacy, the atmosphere and
the tensions that permeated throughout the actual incident. Sometimes photos or
other static exhibits do not create the intended impact. When a case depends on
showing movement, or the process of how something changed, animation is an
unparalleled method tool. As Terry Butler concludes, "Using animation to
dramatically illustrate liability theories and recreate the actual incident is
incredibly powerful and persuasive in mediation as well as trial. There is no
better way to accomplish this." With the rapid advance of technology, animation
continues to improve by becoming more versatile, and more accessible.
Inevitably, these types of simulations will become increasingly prevalent as
they serve as strong evidence in winning plaintiffs’ cases.
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