Thursday, November 18, 2010

Thirsty Thursday: Thirsty for Justice

This week I had the privilege (not!) of serving as a defendant in what was nothing short of an egregious lawsuit. I have long been baffled at how this suite was allowed to make it into a court of law, but it did, and I had to face the music and go dancing in a minefield. I will spare the details of that day, eight years ago, when I unfortunately was not able to maintain control of my vehicle. With less then desirable road conditions, I caused an accident. The short of it is, I ended up being served a lawsuit by an alleged passenger I vehemently assert was not even in the vehicle! Therefore, I digress in regard to the accident itself.

So, eight years and three days later...here we are at trial. I must say, in hindsight the process is fascinating. I am told pre-trial; "you are on parade, be polite, look nice, but speak to know one about your case!". With potential jurors arriving for qualifications, it was imperative I keep a distance and not divulge any information. The courtroom was just like something you would see on a TV program. Dark woods, low lighting, a jury box to the side of the witness stand, the plaintiffs table, the defendants table, it really was like a scene out of a movie. My case was first on the docket, so I was already seated at the defendant table with my attorney when the potential jury was brought in. First, the judge gives his speech about service and duty. Next, each juror must stand and provide just a bit of background information. Then, additional jurors are disqualified by exercising their exemptions. Finally, it's time for selection. Once we have our jury and a few housekeeping issues are resolved, we can begin. Plaintiff is first on the stand. Next, a doctor of questionable character. And that's was it for day one! Day two brings more doctors and another witness of questionable character. And the plaintiff rests. Time for the defense to take the stand...yikes...that's me! Although confident, I am still anxious to have to be on a witness stand! My testimony goes well, I even get off the stand to draw a diagram in front of the jury, remembering to always look and speak to them, not the judge, not the attorneys. Here comes the cross examination, this is what I am nervous about! I just watched my attorney respectfully shoot down the plaintiffs case. Yet, it was not in the least bit confrontational. Never was I asked anything that would "trap" me into contradicting myself. Never was my character brought into question. Never was I caught off guard. Of course, the burden of proof lies with the plaintiff, not me. Still, I really thought I would be left in tears by the end.

Time for the deliberation. Seventeen minutes after the jury is excused, they have a verdict. I over hear the plaintiff's attorney say, "that was too fast". The foreman must pass the verdict sheet to a court official, who hands it to the judge, who then reads it aloud. It's a defense verdict! Yay! And that's it...after three days away from my family and eight years of having this on my mind, it's over. Anti-climatic, really. So, as always, I want to take the positive from this and reveal in a new experience I can add to my schema. Of course, this is hindsight talking.

4 comments:

  1. That's scarry to think that after so much time issues could arise and someone could take you to court. This country is Lawsuet crazy, look what it has done to health care cost.
    I'm glad all turned out good for you.

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  2. Fantastic vocabulary in that first paragraph! Wow! Another positive: you got to spend time with old friends in your old hometown! Great to be with you.
    ~Nanc

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  3. Thank you Uncle Abe! Glad it's over.

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  4. Girlfriend! My vocab shocked you? Come on now, it's wife, who else do you know likes to drop words like extemporaneous to open a testimony? LOL!!! In all seriousness, thank you! And getting to spend time with you was total bonus!!

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