Meant to update you on that jury question

[Fijimn]

If you remember, I posted a fact pattern involving a mismarked gas line and the City hitting it while using a backhoe. Good discussion here. Anyway, my trial got pushed because of Harvey. So we decided to mock try the case. The case was pretty simple, so we were able to do it in a day. There was no voir dire, so our jury included some people that I probably would have struck. However, interesting enough when the jury started deliberating...they found both parties negligent and the apportionment discussion started at a 50/50 split and ended up at 70-30. 70% on the city.

It appeared that the themes that the city were the last ones to make sure the job was safe and testimony that the city employees were aware that the utility lines were constantly mismarked carried a lot of weight. The mock jury also bought in on the narrative that, had they hand dug around the mark - they would have realized that the line was mismarked when they didn't find the gas line and called the gas company.

 

[TennNole17]

I remember that thread, was actually some good back and forth.

 

[Finance85]

Thanks for the update, Fij.

If you were on the jury, what would you have found?

 

[Fijimn]

Thanks for the update, Fij.

If you were on the jury, what would you have found?

My initial thought was more liability on the line locating company. However, after working the case up and hearing what people would testify about and how they would testify, if I was on my jury I would argue for splitting the baby. I still think that would probably be the likely outcome.

 

[seminoledq]

Who was on the jury? Staff of the firm or randoms?

 

[SeaPA]

Who was on the jury? Staff of the firm or randoms?

A bunch of rivals reporters. Some didn't get the message that they might get sequestered under a bridge until finishing the mock trial.

 

[Fijimn]

Who was on the jury? Staff of the firm or randoms?

Random. Mostly retirees and unemployed....pretty much like a real jury pool. The "trial" was paired down substantially. A lot of the "evidence" was just stipulations. some reading from depositions, plus our openings and summations.

 

[F4Gary]

testimony that the city employees were aware that the utility lines were constantly mismarked

I don't remember you letting us in on this. I probably would have had a different opinion if I had known this.

 

[fsu1jreed]

I work for a Water Utility and we have a disclaimer that goes with ALL of our spatial data, for reasons such as this........with that said, was the digging done in the Right of Way or was it on your property?

 

[Fijimn]

I don't remember you letting us in on this. I probably would have had a different opinion if I had known this.

I think I did not include that testimony in my original post. I really wish I could tell any jury that the city is only liable for $100,000.

 

[coloradonoles]

Interesting.

 

[F4Gary]

I think I did not include that testimony in my original post. I really wish I could tell any jury that the city is only liable for $100,000.

I'm kinda glad you can't. Who can pay more shouldn't be a factor in assigning blame.

 

[VirginiaNole]

Interesting thread....don't remember the original one, would like to read it. Is there a link or do you remember the title so I can search?

I am a land surveyor and we do underground marking of utilities for design purposes, NOT on call for construction. My insurance company made sure of that before they would cover my firm.

 

[coloradonoles]

Its titled "Can you be my test jury"

Can you be my test jury?

 

[SeaPA]

Interesting thread....don't remember the original one, would like to read it. Is there a link or do you remember the title so I can search?

I am a land surveyor and we do underground marking of utilities for design purposes, NOT on call for construction. My insurance company made sure of that before they would cover my firm.

Fiji is still going to name you in his lawsuit.

 

[TennNole17]

You ever deal/dealt with medical malpractice/negligence/whatever it’s called before @Fijimn ?