#15 Hey, Don’t Pin It On The Place
Two high school kids spent their day annoying each other. At some point, they decided to drive to a fast-food restaurant to fight. They parked their cars, got out, immediately approached each other, and threw their fists. Kid A connected the first blow squarely across Kid B and instantly dropped him. The whole fight was ended with one punch in a matter of seconds. The restaurant was then sued for failure to protect its patrons. The case is weak.
Unfortunately, Kid B hit the pavement hard and had severe brain damage. Attempts were made to settle but they were after millions. We knew walking in that they had two former employees testifying about large crowds building up after school. The plaintiff’s attorney aimed to prove the restaurant had a reasonable expectation of trouble and should have had armed guards in the parking lot. At best, their witnesses were wildly exaggerating to the point of perjury. Their credibility was shaky in being highly disgruntled for being fired.
We had a list of witnesses ready to refute their claims. At trial, the plaintiff’s attorney presented first. He spent a long time building up the bad blood between the kids, the serious damages of Kid B, and his potential earning capacity. We went for lunch on the second day, after which it would be the defense presentation. As we were talking through where we were and how we should proceed, we realized the restaurant was not really mentioned at all. The plaintiff held back his “star” witnesses to rebut the defense presentation.
When we reconvened, the judge said: “Defense rests your honor.” The plaintiff attorney fell out of his chair. He began frantically shuffling papers on his table and was stammering. The judge said, “I take it you will need a few minutes for your close?” After that break, the plaintiff’s attorney gave one of the worst closing remarks I’ve ever heard. Jury: Kid B 10% at fault. Kid A 90% at fault. Restaurant 0%.
Credit: Rmanager
