Topics Ed Ricci and Matt Schwencke Discusses
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Ed Ricci and Matt Schwencke talk about the covid's impact on their practices and their thoughts on trial experiments during the pandemic.
What you'll learn:
Quotable moment:
[It] certainly puts our clients in a poor position because the threat of trial is often the factor in getting cases resolved, so it does make things harder. — Ricci on the pandemic's potential impact on cases.
The two lawyers discuss the case's background, involving a patient forced to have his leg amputated after suffering a blood clot. They also discuss their approach to requesting damages in light of the trial jurisdiction's reputation for handing down relatively low awards.
What you'll learn:
Quotable moment:
We were comfortable with our jury, but we thought, you know, it is still this county, let’s not give them a number, let’s let them come up with a number.. — Schwencke on deciding against specifying a damage number, in light of the jurisdiction's reputation for handing down relatively small damage awards.
The pair detail how they balance introducing complex medical terminology to jurors without overwhelming them.
What you'll learn:
Quotable moment:
I think the traditional approach of just going with an ELMO or a couple of poster boards... is not as effective as it used to be. — Ricci on the importance of using a range of demonstratives.
Cross-examining the defendant physician
The two attorneys discuss Ricci's cross-exam of the defendant physician in the case.
What you'll learn:
Quotable moment:
We made the deliberate decision that I might ask some questions from the depo just to… establish a few important points, but beyond that, I wanted to go off-script so to speak and really ask him questions from the records that he could not refute. — Ricci on his approach to cross-examining the defendant physician.
Friends and family damages witnesses
Schwencke discusses his questioning of the plaintiff and his family to build a successful damages claim.
What you'll learn:
Quotable moment:
You’ve got to really listen to what your damages witnesses are telling and you just have to let them tell their story. — Schwencke on questioning damages witnesses.
Schwencke details his questioning of the life care planner and his thoughts on keeping jurors engaged during life care planning testimony.
What you'll learn:
Quotable moment:
It’s a necessary "evil" of your case. — Schwencke on the sometimes dry, numbers-intensive testimony inherent in a life care plan.
Medical experts and medical evidence
Ricci and Schwencke break down testimony from their medical experts and discuss the best ways to prep an expert for trial.
What you'll learn:
Quotable moment:
You don’t want to come across as rehearsed but at the same time you want to make sure that they’re prepared, so that’s a delicate balance. — Ricci on preparing experts for trial.
Next Steps
CVN offers hours of video on the topics Ricci and Schwencke discuss. Here's where to head next in our library.
Watch the full trial: Gray v. Iakovidis.
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