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Demonstrative Exhibits: The
Six Fundamentals of Conveying Damages
by Rick Kraemer & Alma Hawk
(Presented at the 19th
Annual CAALA Las Vegas Convention)
In the last 15 years we have had the opportunity to work with Southern
California’s most accomplished lawyers, both plaintiff and defense. Good
lawyers realize that one of the keys to obtaining a successful verdict is
taking the time to prepare the visual presentation of the case. Judges and
juries appreciate damages presented in a concise, compelling and visually
appealing format. While lawyers are very skilled in verbal argument, jurors as
their audience, best absorb information visually.
To effectively convey damages, a presentation should give a clear understanding
of who & what was involved, where & when the events happened, and how
the injury or series of events could have been prevented. All of this leads us
to the why. Why should substantial damages be awarded?
WHO
In a decision to award damages, a judge or jury should personally identify with
the plaintiff(s). By presenting a photo collage, we are able to construct a
compelling portrait of the parties affected by the injury. It is important to
have a client or family member involved in selecting these photos. When
testifying, the demonstrative evidence will be more powerful because the
injured parties had a hand in putting it together. In Smith v. Margaritaville,
Ricardo Echevarria used a collage of
photos to establish his client’s frequent presence at an
entertainment facility, resulting in a verdict of $524,000.
WHAT
A visual re-enactment of the key events is the most effective way to illustrate
a client's damages. A graphics specialist can provide exhibit boards that
depict the circumstances leading up to the damaging incident and also show how
the injury could have been prevented. In Fuentes v. Montgomery Kone, Browne
Greene and Geoff Wells used a labeled
diagram and before & after photos to show the
negligent security that resulted in a wrongful death settlement of $2.6
million.
WHERE
A graphic depiction of where the events happened can help a judge or jury
visualize the scene. In Angel v. CalTrans, Alex Galindo combined previous
auto accident diagrams thereby demonstrating the
numerous auto collisions at the site. Courtroom animations allow you to produce
a realistic re-enactment of the damaging incident. In Martinez v. Taylor,
Richard Deverian used computer animation to show the
blind spot path of a forklift. The jury awarded
$750,000.
WHEN
Establishing the chronology of a plaintiff’s suffering is essential to laying
the foundation of your argument. In Kimball v. Southern California Edison,
Chris Spagnoli and Browne Greene used a
timeline and
excerpts to show exactly when Southern California
Edison was remiss in trimming avocado trees. The jury awarded the plaintiff $21
million. In Palmer v. Schindler Elevator, Garo Mardirossian and Joe Barrett
presented a timeline
to show when the elevator fell and how long the plaintiff was trapped. The
plaintiff’s terrifying conversation with the security guard, included on the
timeline, evoked a sympathetic response from the jury, who eventually awarded
$5.7 million in damages.
HOW
In order to determine a verdict or establish damages, judges and jurors need to
know how things happened. A well-labeled diagram or animation presents a
comprehensive overview of the many factors involved in the situation. In
Goodrich v. Aetna, Michael Bidart used an elaborate
flow chart to emphasize the corporate tangle that
resulted in Aetna’s inadequate provision of health care. In a landmark
decision, the jury awarded $120 million.
WHY
Once the who, what, where, when and how are answered, the last remaining
question is why. Ultimately, a judge or jury will decide why a plaintiff
deserves a specific damage award. In Phil Michels’ wrongful death case Arce v
LAUSD, a high school student drowned in swimming class. Although liability was
admitted, Michels used a graphic
list of all the milestones the family would never
experience, highlighting the continuing loss to the victim’s family. A verdict
of $4.2 million was awarded.
Preparing a visually appealing presentation to answer these six essential
questions will provide a memorable story that a judge or jury can easily absorb
and retain in the process of determining damages.
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