VM-2804

slate. Trial Lawyers. 8-7-66, directed by Rubin Stein

Speaker 1 02:43 unseen narrator
That was the accident that resulted in this civil suit. The witnesses have been heard the evidence presented. And now the summation.

Speaker 2 02:56 Judge
Ladies and gentlemen, as you know, the evidence has been concluded. These distinguished attorneys will now sum up on behalf of their respective clients. I definitely caution you, ladies and gentlemen, that their summation is not to be considered in any way as evidence in the case. And when they have concluded with their summations, I will charge you with respect to the law that is applicable to this case. Now, Mr. Spangenberg, you may proceed, if you will, please.

Speaker 3 13:16
Again, remember what the Maori said we first saw him going 25 miles an hour just before impact 20. That's all the slowing he had done. And if he failed to stop at that stop sign, because I think from this total review, you are bound to find that he did. Clearly he is in the wrong, the plaintiff in the right. And you then come to the harder part of your task to determine what is fair compensation. Here we start back with some ancient principles. You all remember the words of the Declaration of Independence, I'm sure we hold these truths to be self evident, that all men are created equal and are endowed by their Creator with certain unalienable rights. And among these are the rights to life, liberty, and the pursuit of happiness. When we say to you, you have a right to pursue happiness, not a right of your own to have it. But at least to seek for a right to liberty a right to freedom from pain. You must realize there are no rights without some remedy for them. Rights can't exist in a vacuum. So when you say I have a right and my neighbor has a right, then I think you must also say I have a duty and duty to exercise ordinary care to protect my neighbor's rights. And if I failed to do that and take away some of these rights that are so valuable, then what does justice require fair compensation. And that's why we're here. We can't make her neck better. We can't put back the broken teeth. We can repair the broken plate some things we can do some things we cannot, we can fix her car that was done. Some of these damages are very simple. You remember you've seen them build for the currency pair, and they'll be an evidence. Simple repair the car $329, which tells you a lot about the force of impact and tells you that Andrews was not going just five miles an hour, but also tells you this money taken away from the plaintiff's pocket ought to be put back, repair the teeth, falling one repairing the broken partial $190. Prescription drugs, two collars, one worn out traction devices at home. I've seen the bills for those, in fact, the defense stipulates that so drugs and equipment to try and healer came to a total of $144. Doctor bills and hospital bills to date $292. That's the easy part of damages, isn't it? Because here we're dealing with things that have value in the marketplace. People buy people sell cervical collar, but people don't buy and sell pain. If you have it, you'd pay almost anything to get rid of it. No one would ever go out and seek for it. So we don't have these simpler standards. That would help a jury and saying what is a day's misery worth? You've got to try and reach some way to get fair value for it. I've tried to think how could I be helpful to you? And practice would help you some that we know an employer in a shop. You make some men work overtime pays in time and a half. Why does a man do any more work for time and a half than he did for straight time? No. Perhaps a little less. He's not as efficient. But it's harder for him to do the work. Because now he's tired. And he has to give more of himself more effort really to accomplish this work. And so the employer recognizing this pays the halftime isn't all her work made harder. She's told you it is so hard that much of it she can't do. Dr. Simmons has been here to explain why this should be so that in that this impact which snapped her head back and forth. There had to be some tearing, fine tearing small tearing of muscles, ligaments in the neck. And you've learned something about the anatomy of your neck what a complicated structure it is and know that each vertebrae is held to its neighbor by these bands of ligament. each vertebra moves by muscles that there are many layers of muscle that have to glide smoothly over each other. And that from between each one of these vertebrae. A nerve root comes out. Dr. Seen minutes. Thank you, Your Honor. And Dr. Simmons has told you that when you get this kind of impact and tearing that what happens in nature's healing process is that the only way nature can make it grow back to where it was is with scar tissue. That's the repair material. And sometimes the scar tissue is in very slight amount and doesn't really interfere with later use of the neck. And surely you've known people who had struck sprained ankles or sprained backs are sprain necks that got well in a matter of days or weeks. Sometimes he Dr. Simmons has told you the the scar tissue forms and glues one layer of muscle to another and forms adhesions and forms adhesions between muscle and and the sleeve that covers the nerve root. And when this happens, when there's that kind of deep scarring, then every sudden movement of the neck, every big movement of the neck pools exerts traction as he calls on the nerve root. When that's done response to the individual who was suffering it is pain. It said she had that kind of Pain. He's treated for how? Well by the medieval torture device we call traction, put a collar around the neck, put weight on it, and stretch. We know if you stretched hard enough, this was at the rack. This was torture. We don't stretch that hard. They've tried to stretch just hard enough to stretch out and break loose these adhesions. painful procedure, yes. But the pain of that is not nearly as bad as the pain of the condition untreated. And she's described that to you as best she could remember her testimony from the stand? What do you mean when you say it bothers her answer? Well, it's a pain, you could cry with her. That's what's happened to her. And it means she can't do the washing. She can't do the ironing. She can't do the housekeeping. may say, Well, that's pretty nice, isn't it, she's taking a rest. Well, her husband's a plaintiff too. It's not so nice for him not so nice for their son 1000 now has to be a draftsman at work, but also has to be a thunderous at home and do the washing. And he's done it without complaint. And I'm sure we'd all say he ought to. We all took the same oath when we married, didn't we? to love and to cherish in sickness and in health, and then sickness, he cherishes her and as the London but the defendant has no right to change the household that way. We say fair compensation for this change. In here, I, I would hope that you wouldn't add compensation so much to the husband. For the amount of work he has to do, I'd rather you gave it to her. You know why? Because she has a right to be proud. She has the right to think I'm a useful partner in this marriage. I cook I so I clean. I support my husband, I'm behind him all the time. I'm useful. And we all need to feel useful. I'm sure we'd all rather wear out and rust. And this feeling of usefulness is perhaps the greatest thing that has been taken away from her. So here, I would hope the compensation will go to her. So she can say to her husband, well, I couldn't. I couldn't do the work for you. But at least I've contributed some value to the family income. So now you can go out and hire it. But let me hire it. Do that for what's the value of these things. I have very little time left, perhaps five minutes. And I know my learned brother will have much to say about the case. In a few moments in closing, I would like to discuss what I think might be considered as fair value for the case. Thank you.

Speaker 4 27:33 Attorney
Her intention is to make a left turn. She stopped at that stop sign and next stop sign is one it's it guides and protects 32nd Street in North and South traffic. That's why she has to stop at that point. Now she intends to make a left turn I don't have to argue with any driver if we were sitting out in the hall and talking about it a person who is driving a car and intends to go into 32nd street and to make a left turn which will bring you into the path of cars which have to go east and across the lanes of traffic which move north and south has to use care lots of it now Mrs. Williams knows very well don't forget life itself people have for they came here they pondered on what is the best way in which they could present it to you. You figure in your own experiences how much of is translated into a court from what actually happened at the same she knew that she has to be careful she knows very well and in order to convince you how careful she was she's an effects as you see how careful I was you know sometimes the ex postulation as to how careful you were you can look behind them see what actually occurred. How careful I was when I came to this corner there were three cars parked at the behind the behind the southwesterly stop there three cars and she's over here. If it's challenged I have the testimony here there's some times where I'll read to you this is the story she say Look how careful I am I came here I saw three cars standing here I left these I don't move I don't even budge from here. This can be read to you have the court reporter read it to you later on if you'd if you adopt what I'm saying. didn't budge even you drive a car. Oh she didn't budge at all even to come over the head so as to be ready to make a turn. She stays at these three cars on go away and she's still standing right there and has ever made a mortgage even to get anywhere that that street. That is an all by a longshot. Not by a longshot. First, remember this? Hey, how far has she got to go? Ed, you will add jump, you know, you have to make a turn, she only has a distance to go from this stop sign evidence is around 10 feet to get into the intersection. Well, now this third guy here, it's at least man standing behind the stop sign. So these three cards take toward them first, the stop sign is 10 feet from the corner, these two cards at least 50 feet long and steady in tennis 40. This fake car which has to clear the intersection is at least 40 A foot because there's a space between the cars to to please 40 or 45 feet away from this intersection. And she doesn't make a move from him until his last car starts going. That's what she said, in her anxiety to show you how careful she was and why you don't sacrifice your sense of reason. This doesn't require a professorship in psychology and understand why she says all it. That's what she said. That's not all she said. She goes much further because she realizes that making a left turn here and mainlander into a lot of trouble. No, where do you think Andrew is is? When at the time we're talking about. You know, I love my bland the bland way in which Mr. bangalay gives it to you. I thought I was practically struggling bedside at the time was telling you in any of it. Now these three kinds of past, right, they're gone. Now, that's the situation by I want to I'll read this to you. All the traffic, here's a fart for whole buck is gone. And you know what? She's still standing there. She hasn't moved yet. Let me show you what she said. Because you know, it's incredible. And unless I read it to you in a testimony, you wouldn't believe it. You say I'm paraphrasing? You know if a lawyer is going to be responsible to you just talking right off the cuff, you know, it doesn't help any I want to get it right from the testimony now page at page 22 of the record. We've had some delays why since she testified you may have forgotten

Speaker 4 Attorney
said they're going to 25 miles an hour. Well, that's admittedly careful driving isn't shouldn't be benefiting. That's admittedly careful driving a man in the speed limit of 30 Miles is going 25 miles an hour a truck coming down. What is it they want you to believe then about a truck that on their own testimony is driving carefully. If I were to tell you about it your own home you'd laugh. A truck is driving 25 miles an hour. And what do they want you to believe? At 25 miles an hour he's coming down. And she's in the act of making her turn. And there she is across the road like this blocking the road. Practically a fence across the road. A barrier amount and this cad admittedly driving carefully. He deliberately keeps right on going right into the side of a car. It doesn't fit the picture. In order to make herself look good, You know what she's painted Andrew as? You won't get any worse if you painted they were driving a getaway car from a bank hold up. And that's Mr. Now they're the ones who are making the charges. They can say well, what have you got to say Andrews about this? They've hauled him into court. What Midwest steel company is being sued. They didn't drive the car. Andrews drove it. If the Midwest Steel is responsible, it's because of what he did. He doesn't have to say a thing under the law as his honor may tell you. We don't have to come forward and make an answer just because somebody sue's you. What do you say? How do you prove your case? So they she said, Well, he came down at 25 miles an hour, and right into the right into my car. Now there's another thing here, very disturbing, which they've paid no attention to at all. Don't forget we're dealing you put yourself in position of driving a car in your own lane. And somebody has to come across it. Here's Mrs. Williams. She's testified. This is the testimony that she shouldn't make her turn. She said, like, you know, a short swing into the street. No. She says she went right across till she was about near the center, which of course the law says you must do God forbid anybody ever come to court suing and say they didn't follow the law. So she and she said she came towards the center. And then she made her turn now let me ask you something. Not because I'm the lawyer for Mr. Andrews or Midwest, your company or your driver. She she's sort of block away. All right. She's not come into the street. This is a four lane street. So 35 or 40 feet. And she has to make a turn near the center. Folks think she'll at least look before you turn. Look before you're trying to see where is the truck now? You're the one who's charging and I was I was careful. Completely careful. I did nothing. He's the man did everything. So we got did you look? And when do you think she looked? And how do you think she looked? The testimony is there in the record? That after she completed her turn? Now you hold me to this? Don't say I'm just saying you hold me it would come back. If anybody is in doubt ask that the court reporter read it to you. After she had completed a turn out of the corner of her eye. She's saw this truck and at that time it was already in any intersection out of the corner of her eye after she's already completed. And why is that? And this again is in a testimony. If I stopped find it and I would point out to you that she said, I just happen to have it handy. PAGE 24. The question is Why Why didn't she look then? spanberger asked her this question that I on a trial question. Where were you looking at your turn? I mean, where was your vision directed? Now's your turn. Let's all right, north. She directed her attention was directed north, which is away from where this car is coming from. So she's not even looking in that direction. At the time she's making the turn had her vision as direct as North appear, her vision is directed north. That's why we had this checkmate pennant that evidence is easier to follow some of these directions. Now then we come to our friends to the Maoris. And as I read this record, I said to myself, well, now remember that old moon picture Destry Rides Again, relevant Maoris to the rescue, the neighbors in four doors down. And they tell you something, that you just really have to stop and think for yourself. He says that he's going he's going in a northerly direction. And he's going up this way. He's, he's, he's also by 75 feet down the street, corner will block. And he's, and he's going on. And he says, he's looking down here somewhere. And he sees our truck and 75 feet inside the street, going towards he said, at 25 miles an hour. You know, I'm glad we have a little time that I have a little time, there's a wonderful peculiarity in nature. And that is you can fit a lie, you can't fit a lie into the truth. You're gonna fit a lie into another lie is made expressly for that reason. But to fit it into truth. You can't it won't fit. Now, why doesn't it fit here? But the truth of the matter is, and that's a tagine, anybody wants to check it? It's on page 12 of Andrews testimony on page 15, I think it is of Andrew has an apartment house here, an apartment house on his southwest corner. And you're 75 feet down the street, and an apartment house on the southwest corner and you can see into the street a quarter of a block and see a car coming. In fact of the matter is you just can't You can't see anyway. Secondly, he says that he saw Mrs. and Mrs. Williams car approaching Stein approaching the sign. Now he would like gently you know, to he wants to testify for her now. He says you can you can forget what you said about that. Substitute this. If we had to be held responsible, and you're supposed to be judges in a case as you want to be judged. You have to be judged on testimony and on evidence. Because he said he saw this car approaching the stuff that Mrs. Williams called approaching this duck. And as he sees it approaching the stock at that same time he sees aka our truck into the streets through this 75 feet. Put remember this, that Mrs. Williams says as she's approaching this as approaching here and come to a stop. There are these three cars standing here, which has to pass out of a way so she said No, they haven't figured all these little things out Phyllis things left over, that we have to fight to find when we read the testimony. So besides these three, they have three cards. Because by the time she stopped BC cards had to pass if this car Mr Mourinho is coming up here. Well, where are these three cards, he's seeing, he sees our truck, 75 feet down the street, through three cars and through the apartment house as well. And he says, As a matter of fact, three cars into three cars passed across the street. I don't know where he might have been he might have been three or four blocks down because long before he'd ever come anywhere near the the three cars. It wouldn't have been there anymore at all. And so he said something else. He said that he he observed he observed this car and never saw it doesn't say you saw it stop. The next time he saw it first time does hold that first time. It's approaching a stop. This isn't the Fourth of July speeches is trying to analyze a fact on which they're trying to hold my company live. I don't care how much is involved. Because it's a matter of me having a just decision. First time it's approaching and the next time we missed the Maori and the back on the Maori because it's a dual ring and Next time that they get see this car, it's where they don't see it as it's turning. Isn't that strange? Don't forget this car is going off. This car is passing right in their lane, isn't it? How could they avoid seeing it? If they've thought? How could you it's coming right across. They say the next time they saw this car was at first seen approaching a stop is next stop is completed. And at that time the truck, they say, into the street. And that's when the and that's when the accident occurred. And don't forget, there's there is all this happening in fractions of time. This isn't a slow moving picture what's going on. And the the whole or the whole thing can take place, if it took a minute for the entire account. Now then we have to say to ourselves, what did happen here?

Judge
Now Mr. Spangenberg, you have five minutes in

Speaker 3 48:20 Attorney
I'm reminded of a story they tell about Abe Lincoln. He used to be quite a trial lawyer down in Sangamon County, Illinois, you know, and he was trying to catch with a fellow that had that magic way of twisting words and he finally said, look said how many legs has a sheep got? Fella said four, he said right. Now if we call the tail a leg how many legs has a sheep got? He said five. Lincoln said no, sir, you are wrong. He's still got four. Because calling a tail a leg doesn't make it a leg. I tell you that because I heard my learned brother say she has to use care lots of it. He's calling the tail a leg on that one. Judge Brennan is going to tell you how much care she had to exercise. Not lots of it, ordinary. You listen to him. He will say she had to use ordinary care. And that's all. Now that's the law, as you'll get it from the judge, not from a partisan defender. Says also, we admit they were driving carefully. No, we admit his speed was proper. But we don't admit it's careful driving he crashed a stop sign. He complaints, we hauled him into court. Let me address myself to that. She didn't want to be here. She wasn't willing to be in a wreck. She got hit by this fella. Now either she goes over in a corner and cries about it alone or she says I want some justice. Because with all the complaint we've heard about what she saw out of the corner of her eye. Here's the testimony of Andrews, he saw her sitting over at the stop sign, and she said I, this is a road she drives every day she drives her husband to work. She comes back. She stops at that sign. She knows what traffic is she put on her left turn signal. She's ready for clearance to go. And what does Andrews do? Did you ever observe the he says he saw our stop from that point on? Did you ever observe the Ventura car before the collision occur? No, sir, I did not. Will you still looking to your left at the time the accident happened? Yes, sir. Never looked ahead at all. And if he had looked ahead at all, he'd have to see or wouldn't, wouldn't be there she is stopped laying on turn light on making her left turn in front of him. And he says I can stop and five feet. And in that position when he could stop in five feet, he says that's assuming he had been stopped at the stop sign. He goes 10 feet to the corner, and 10 feet out into the road and belts the rear end of her car and then slides on across the intersection. We've heard a great deal of complaint about Marcellin because she's waited for other cars to go by. She had to this is good driving. She did what any ordinary careful driver should do. And at the time, she started to turn she says as the Maori say this other car is 75 feet away. She says a block away she's wrong about that to be sure it couldn't have been a block away. But the Maoris can certainly see 75 feet back from a building that setback from this corner with 10 feet wide sidewalks and you just run a line of sight over there and see if there isn't 75 feet clearance. In fact, Andrews agrees to that he said he could check traffic to his right as well as his left as he was in the approach to the intersection. So much for liability times law more short, and I did say I wanted to discuss with you a little bit what the damages were. Here's a woman who hasn't complained much he got a banged up knee. It healed up. Got a banged up bar that healed up she got banged up teeth, those have been fixed. She's not complaining about that. She got a sprain back to Dr. Semin said she did she's not complaining about that, because she can live with it. But she got banged up neck that she can live with only with pain. And it's a daily misery not a big one.

Speaker 2 53:43 Judge
Now will the court officer please remove the easel? Now ladies and gentlemen of the jury, it now becomes my duty to charge you with respect to the law that is applicable to this case.

Judge 1:54:05 you may retire

1:54:10 Jury please rise

Speaker 1 54:17 Narrator
these are the final moments that you as prospective lawyers will face as you try your cases in court. They summation when you have tried your utmost to achieve the final product of all advocates a just verdict for your client. Be certain that you have done your best