Tuesday, January 06, 2015

Jury duty experience

Finally got my 1st jury summons. Ugh. Last thing I want to do is sit through a boring trial. Got a delay because I'm a student. So go in and selected for a civil case. Ok, don't have to decide if someone goes to jail. I can live with that. So go through the jury selection and too high on the list to be excused without question. Dammit, dammit, dammit. I tried everything I found on the internet to avoid getting picked and I get picked. The only question I got into was if I was in a civil suit before. I said I had a worker's compensation case. Lawyer said that's not a civil case, that's a worker's compensation case. Ok, so I'm not a lawyer. So receive pens and paper to take notes. My pen doesn't work so grab one out of my purse when opening statements are done. Lunch is coming so hurry and write what I remember to ignore judge speech before leaving. Return and Plaintiff witnesses are questioned. Worst witness testimony I ever heard. Sympathy card of falling down on ice and fracturing a bone was all the Plaintiff had. No evidence of negligence on Defendant's part. Evidence: Plaintiff's medical records of injury, pain and suffering endured, weather reports of prior weeks and day of fall reports, and witnesses of people living at residence community where fall took place who suddenly got amnesia when cross-examined. Go home and return next day. Day two brought the Defendant's witnesses. Better witness testimony, but some memory was fuzzy. Emails and invoices of snow removal given as evidence. Defense strategy was Plaintiff was tipsy when left residence and defendant has no control over Iowa winters. Defendant brought further evidence of a meeting of board of directors in charge of the residence community that took place shortly before the fall addressing complaints brought up by residents. Plaintiff is viewed as causing their own fall. Plaintiff is recalled as a witness. The only testimony offered is the amount of pain and suffering the person endured. That's it, a sympathy card is all they have to offer, no evidence how the Defendant is responsible for the fall, 100% of Woe to Me? Closing arguments given and we don't get the free lunch we were advised of the day before because the judge has some legal stuff to discuss with the parties. So we leave for lunch we have to pay for. Return and give jury instructions. Since we can't give weather a responsibility we can only choose percent of responsibility. Instructions: If Plaintiff is held 50% or more responsible then they get nothing. If Plaintiff is held less than 50% responsible, then amount of money awarded is deducted that percent. We have to determine % of fault and amount awarded, if any. So off to the secluded room to deliberate. We agree both are at fault. Most of us state if we had been the in the Plaintiff's position that we would not have sued at all. We discuss holes and indecision of both parties so much testimony is ignored cause witnesses can't get their stories straight. Elected Foreperson and they suggest and half agree at 50-50 fault, other half is silent. But, oh, Foreperson who suggested 50-50, suddenly reads the Plaintiff gets nothing if we rule 50-50, so they change their mind to 60-40. But, oh, the amount rewarded is reduced 40% if we say that so Foreperson changes it to 80-20. We agree on 75-25 in favor of Plaintiff. Now the money, everybody questions how to place an amount of suffering and pain. Foreperson was once in accident and got a huge settlement, but can't recall what it was. Ignoring the evidence and going by sympathy alone, the jurors balk at me tossing out numbers, 100, 1000, 5000. Half are ready to award the price of a house to the Plaintiff. Ok, I'm not ready to bankrupt a company over a bone fracture so mention that this is not equal to the car wreck the foreperson suffered, it is a fracture injury and got better after physical therapy. Half agree with me and one states Plaintiff can have their medical expenses, but doesn't want to give more than that (I agree with them). We are ignored by the other half wanting to give this Plaintiff a fortune so they never have to work again and question what if the Plaintiff has to have surgery in the future, which was not part of the evidence. Even better, the ones worried about surgery over a fracture are in the medical field. I'm sorry, but if surgery was not suggested in the past 2 years since the fall, I don't think they will in the future. I comment how the Plaintiff has won the lottery with us. I am ignored. So one on my half states the amount of a luxury car, no more than that. That is agree on after they figure of how much the Plaintiff gets after their 25% deduction (by which I might add was something in the instructions we were not suppose to do). I comment how the Plaintiff is getting a jackpot and neglect to mention how much of the Plaintiff award will go to her lawyer (we have no idea if this is a by hour fee or pro bono where they take 40% of the reward)since that should not be a factor either. I am ignored. I mention Defendant can appeal our decision and ignored again. We all agree so we can leave and not return tomorrow. Return to courtroom to give our verdict and state we all agree to it. Go home. In conclusion, I just want to say how people who claim they would not have sued over a similar incident are so eager to give a jackpot to an opportunist who can't get their story straight (we agreed on this), hid evidence (ignored subpoenas so we agreed on this), and suffered a little bone fracture (in the medical records and we agreed on this). Very surreal experience.