I have never been on a real jury, but I participated in the next best thing—a mock one. If you aren't familiar with a mock jury, it's a tool used by legal firms to analyze how potential jurors might view a legal case. Legal firms hire organizations like the Suethemgood Company (fictitious name) to put together a simulation courtroom and hire a jury pool. There was an attorney for the plaintiff and one representing the defendant. The only thing missing was a judge. For this story, I will use fake names and alter some details.
Our makeshift courtroom was inside a local Holiday Inn. After submitting my application, I received a phone call from the Suethemgood Company. They asked about my age, income, ethnicity, and profession. They sought a diverse group of people with different personalities and social statuses.
After waiting several days, I learned they had selected me to participate. Once I got to the Holiday Inn, I could see the Suethemgood Company did their diversity homework. They had selected a diverse group of Asians, African Americans, and Caucasians between 25 to 60.
The rules were simple—we had to participate in the discussion, answer questions, offer insight, and allow them to record us on camera. If you didn't participate, they didn't pay you.
It was a David vs. Goliath story. After surviving an automobile accident, Mr. John Doe suffered permanent brain damage. his family held the auto maker, Mojo Autocorp, liable for the accident. Although we knew the case was based on reality—we didn’t know if the trial was set for a future date or if it had already been decided. Review the details and see who you would hold liable.
The Facts:
Mr. John Doe was driving to the store in his 14 year old Mojo Autocorp station wagon. The weather conditions were terrible as rain poured from the sky. The excessive rain had also made the roads slick.
Mr. Doe sped up to pass the vehicle in front of him. As he picked up speed, he lost control of his car and slammed into a tree. At the moment of impact, Mr. Doe’s seat belt ripped in half, which catapulted him into his windshield.
Mr. Doe suffered permanent brain damage after his accident. Although he survived, he was never the same. He lost his job and was confined to a wheelchair. And since he didn’t’ have insurance, he accumulated massive medical bills. Mr. Doe’s permanent brain damage left him mentally and physically disabled. In months, he went from being a fun loving father to an obnoxious and bitter man who barely spoke.
The Plaintiff
The family hired an attorney and filed a lawsuit against the Mojo Auto Corp. They believe the seat belt should have protected Mr. Doe. Their motion stated that a faulty seat belt caused Mr Doe's injuries. His family wanted enough money to pay Mr. Doe’s medical bills and future living expenses.
The Defense
The defense claimed no responsibility for the damaged seat belt. Mojo Auto Corp compared the seat belt to a car battery or tires. They claimed that none of these items last forever, and should be routinely replaced (seat belt included). Mojo also argued that Mr. Doe was speeding and attempting to pass a vehicle during a heavy rain storm. They blamed Mr. Doe's reckless driving for the accident.
The Jury
After listening to the facts, we were escorted into a separate room to deliberate. Our jury was deadlocked because we couldn’t agree on a verdict. I advocated for the plaintiff because I didn’t think the seat belt should have ripped in half. Other jurors sided with Mojo because they agreed it was unreasonable to expect a seat belt to last forever. They also focused on the car's age and that the elasticity would eventually wear out.
I asked to see language in the owner’s manual that warned consumers about the need to replace a seat belt. The manual didn't address the seat belt. The jurors who sided with Mojo also agreed that the man was at fault for reckless driving. The law firm asked us to try to come to an agreement—we were ruled a hung jury, and that’s how we left.
As previously mentioned, we were never told if the trial was upcoming or if it had already been decided. I still wonder what happened in that case. I guess it’s one of life’s mysteries. As I left the parking lot, I quietly prayed that my seat belt would protect me from having my head caved in along a dark road.
1 comment:
I would not mind getting called to that kind of jury duty.
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