Marvin start and in the almond I’m most worried about is what Julie does the church have to somebody do they have any affirmative duty from a legal point of view railroad position was basically what do you want some crazy maniac place across the tracks and.
We try to stop we couldn’t stop those are very simplistic in point but that was always there my case says if it’s right here it’s a good question just for the record Peters question was what were the best arguments made by the defense in my case the argument was this by Walter Beck who I think is a fine lawyer he was suggesting what.
I was telling the jurors was that in fact the defendant driver must have been thinking about litigation immediately and he didn’t have time to even consider that all he was doing was reciting the truth of what had happened so this was the kind of thing where we still had a fight on that and he was trying to recover from the.
I mean let me give you a suggestion on this Harvey had mentioned this I’ve lectured with Harvey before and Harvey has actually said in no uncertain terms it’s a second opportunity to sum up now I’ve kind of followed that school of thought myself what happens if there’s an objection objection sustained ladies and gentlemen the proof will show and you just go right on right so what you’re doing is by objecting very often your adversary highlights the point that you’re trying to make so I suggest you can always spin off on it and then come back to it anyway but what I don’t want to see is.
I don’t want to see you be drab in other words you don’t have to minimize the opening and the power and the righteous indignation in fervor that you can actually use just to avoid being objected to during your opening state one of the things you’re gonna see.
When you take a look at these cases very often you have to submit a doctor’s affidavit along with your motion papers it’s not something that you can just say hey judge we want this because you’re actually gonna have to show sometimes through biomechanical engineer some things.
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