The Reptile Revolution
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1 COUNTERING THE REPTILE IN LITIGATION AND TRIAL: A CASE STUDY IN STIPULATED LIABILITY Thursday, March 3rd, 2016 Le Meridien Hotel 333 Battery Street San Francisco, CA Elizabeth Skane: Skane Wilcox LLP Wendy Wilcox: Skane Wilcox LLP William Stewart: AmTrust NA Dr. Bill Kanasky : Courtroom Sciences Inc. The Reptile Revolution The Science of Manipulation (i.e., Cross-Examination) Question 1: Factual/Easy = Agree (general safety rule question) Question 2: Factual/Easy = Agree (general safety rule question) Question 3: Factual/Easy = Agree (general danger rule question) Question 4: Factual/Easy = Agree (general danger rule question) Question 5: Factual/Easy = Agree (specific safety rule question) Question 6: Factual/Easy = Agree (specific danger rule question) Question 7: Reptile Question (Safety Rule/Hypothetical) Question 8: Case Specific Fact Question 9: Case Specific Fact Question 10: Case Specific Negligence/Causation ($$$) 1
2 The Science of Manipulation Question 1: You would agree with me that as a property manager, safety of your tenants is always a top priority? (SAFETY IS ALWAYS TOP PRIORITY) Question 2: You would agree that a property manager should never needlessly endanger their tenants? (DANGER IS NEVER APPROPRIATE) Question 3: You would agree that you always do everything you can to ensure the safety of your tenants and your community? (MORE IS BETTER) Question 4: You would agree that as part of your effort to protect your community you try to ensure that you do everything you can to provide security? Question 5: You would agree that the provision of onsite security officers is one way to ensure your community is safe? Question 6: You would agree that as a property manager you have a responsibility to keep gangs out of your community? Question 7: You would agree that provision of security in your community would have helped keep gang violence out of your community? Question 8: Case Specific Fact. But you did not provide security, did you? Question 9: Case Specific Fact. You did in fact know of gang activity in your community? Question 10: Case Specific Negligence/Causation ($$$) You would agree that had you provided security your community would have been protected against gang violence? Priming Plaintiffs use the same words over and over again: Always Never Risk Danger Community Public safety Needlessly endanger 2
3 Verdict was 38 million Walter Matt Doe vs. LA School District Verdict 6.9 million against school district 3
4 Strategies for Countering the Reptile Motions in Limine Voir Dire: 1) do your own priming juror commitment to fairness, relevant evidence. 2) juror commitment to not being frightened or reacting to danger Opening statement continue voir dire theme using primacy effect and prime the jury with your key terms. Closing argument - Refer to fairness and emotion jury instructions this is the law Challenge jury to use their reason, fairness, logic, not base instincts Don t fall for the cynical attempt to get you to ignore the law and your duty Motions in Limine: Reptile Make sure you agree to stipulation. I will let the court know we have not reached an agreement if that's what you want. Your choice. Sent from my iphone On Oct 30, 2015, at 3:06 PM, Elizabeth A. Skane <eskane@skanewilcox.com> wrote: Your stipulation is neither legally or factually correct. Don t be a bully John, it does not work. I have to get your agreement to stipulated facts but do not need your agreement to admissions. And I can get both in front of the jury. LIZ <image001.jpg> Elizabeth A. Skane eskane@skanewilcox.com skanewilcox.com tel: fax: Columbia Street, Suite 800,, San Diego, CA Los Angeles - San Diego - San Francisco -Las Vegas From:John Gomez [mailto:john@gomeztrialattorneys.com] Sent: Friday, October 30, 20152:58 PM To: Elizabeth A. Skane; Jessica Sizemore Cc:Doug Caffarel; Stephan, Rayna (RStephan@sandiego.gov); Lisa Daque Subject:RE: mccaffrey The stuff about Bruce the jury doesn t need to know. All they need to know is that fault is not at issue. You can sign our agreement or there is no agreement. I will gladly try this case in whole and on the merits. That s your choice. 4
5 MIL: EXCLUDE LIABILITY MIL: DELAY Mini Opening: Voir Dire This is pure PRIMING. 5
6 Defense: Voir Dire Themes Plaintiff Opening Statements Opening: Plaintiffs Priming 6
7 DEFENSE OPENING Defense Priming Defense Priming 7
8 Plaintiff s Closing Community: Defense objection Plaintiffs Closing 8
9 Plaintiffs closing Plaintiffs closing: All harms and losses. Defense Closing 9
10 Defense Closing Defense Closing 10
11 Defense closing Defense closing Closing 11
12 Defense Closing Redemption. Defense closing: voir dire themes 12
13 Plaintiff s Rebuttal Rebuttal Rebuttal 13
14 Rebuttal Q & A List the presenters: Elizabeth Skane: Skane Wilcox LLP; eskane@skanewilcox.com Wendy Wilcox: Skane Wilcox LLP; wwilcox@skanewilcox.com William Stewart: AmTrust NA; william.stewart@amtrustgroup.com Dr. Bill Kanasky : Courtroom Sciences Inc.; bkanasky@courtroomsciences.com 14
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