Where do these all powerful medical insurance adjusters come from?....

You get in a car wreck.  But fortunately have purchased Personal Injury Protection or Medical Pay insurance.  So you believe you are fully covered.  That is, until the adjuster cuts off your benefits.  Usually with the help of a "medical review" sometimes performed by an actual doctor (who never sees or talks to you). 

Where do these all powerful medical insurance adjusters come from.  These people who are deciding whether we get treatment or not.

Here's a typical example:

                      8                      E X A M I N A T I O N

9   BY MS. KOEHLER:

16        Q.   Where do you work?

17        A.   Allstate Insurance.

18        Q.   How long have you worked there?

19        A.   Eleven years.  November will be 11 years.

20        Q.   What's your job title?

21        A.   Claim adjuster.

22        Q.   What's your other job titles you've had since

23   you've been at Allstate?

24        A.   Well, I'm currently a senior claim adjuster, and

25   it's been just claim adjuster prior to that.

 

                                                                     5

1        Q.   How long have you been senior?

2        A.   I believe it's been two years.

3        Q.   What were you hired on as?

4        A.   Claim adjuster.

5        Q.   What's your educational background?

6        A.   I have a B.A. degree from the University of

7   Washington.

8        Q.   In what?

9        A.   Psychology.

10        Q.   What was the year?

11        A.   1987 I graduated.

12        Q.   Any jobs other than Allstate after graduation?

13        A.   Yeah.

14        Q.   What else?

15        A.   First job out of college I worked for Northwest

16   Center for the Retarded.

17        Q.   In what capacity?

18        A.   I was an instructor for them.  The developmentally

19   disabled adults came to Northwest Center to work, and so I

20   helped them with their work.

21        Q.   How long did you work there?

22        A.   Two years.

23        Q.   Anywhere else?

24        A.   Yeah.  After that, I worked for Cascade Savings

25   Bank.

 

                                                                     6

1        Q.   As what?

2        A.   I was an escrow assistant there.

3        Q.   For how long?

4        A.   I started out as a temp through Kelly Services for

5   maybe four months and then worked there two years.

6        Q.   Why did you leave Northwest Center for the

7   Retarded?

8        A.   I wanted to try something new and try to get some

9   better pay.

10        Q.   What did you do after Cascade Savings?

11        A.   I worked for North -- or sorry -- Western Title.

12        Q.   As what?

13        A.   I was a receptionist there, and I also moved on to

14   do reconveyances.

15        Q.   How long were you working there?

16        A.   A year.

17        Q.   And then where did you go?

18        A.   I worked at a daycare center.

19        Q.   As what?

20        A.   A three-through-five-year head teacher.

21        Q.   For how long?

22        A.   About six months.

23        Q.   What was the name of it?

24        A.   You know, I don't recall.

25        Q.   Then what did you do?

 

                                                                     7

1        A.   I went on to Country Companies Insurance.

2        Q.   When was that?

3        A.   When was that?  Let's see.  It was about 1995.

4        Q.   What was your initial position?

5        A.   I was an assistant receptionist.

6        Q.   Why did you take on that job?

7        A.   Why did I take it on?

8        Q.   Uh-huh.

9        A.   I had temped there through Kelly Services, and it

10   was a good opportunity for me.

11        Q.   How long did you work there?

12        A.   About two years.

13        Q.   What was your last position worked?

14        A.   At Country Companies I left as a receptionist.

15        Q.   Then where did you go?

16        A.   Allstate.

17        Q.   So you went from being a receptionist to a claim

18   adjuster?

19        A.   Yeah.  I did handle minor claims at Country

20   Companies.

21        Q.   What was your job title at Country Companies?

22        A.   They had me down as receptionist assistant.

23        Q.   So at Allstate you were hired on as a claims

24   adjuster?

25        A.   Yes.

 

                                                                     8

1        Q.   What year?

2        A.   1997.

3        Q.   What department?

4        A.   PIP.

5        Q.   Which office?

6        A.   Marysville.

7        Q.   Have you ever left the office?

8        A.   Yeah.  Yes.  I'm in the Bothell office now.

9        Q.   Since when?

10        A.   About six years ago.

11        Q.   Prior to adjusting claims, what courses did you

12   take in insurance claim-handling?

13        A.   In insurance claim-handling, we took courses like

14   introductory to medical reports, a lot of online courses,

15   basic claim-handling classes on interpreting policy.

16        Q.   When did you take these courses?

17        A.   After beginning at Allstate.

18        Q.   So the years would be 1997?

19        A.   Yeah, when I started.

20        Q.   Did you review documents involving claim core

21   process redesign, CCPRs?

22        A.   No.

23        Q.   Do you know what the courses that you were taking

24   on were based upon?  In other words, do you know how the

25   courses that you were taking were developed?

 

                                                                     9

1        A.   No.

2        Q.   Do you know any of the motivation surrounding any

3   of the courses that you took?

4        A.   No.

5        Q.   Were you told any of the policies and procedures

6   of Allstate at the time that you began working there other

7   than work through classes?

8        A.   Through classes?  No, just started out doing like

9   training on the computers and things like that.

10        Q.   Did you actually have a training period before you

11   began working?

12        A.   Yes.

13        Q.   Where were you trained?

14        A.   We did -- in Marysville.

15        Q.   Did you ever leave the state for training outside

16   of Washington?

17        A.   Yes.

18        Q.   When did you do that?

19        A.   In June 1998.

20        Q.   Where did you go?

21        A.   To Northbrook, Illinois.

22        Q.   How long were you there?

23        A.   Two weeks.

24        Q.   Was that for claims school?

25        A.   Yes.

 

                                                                    10

1        Q.   Did your job title change after 1998?

2        A.   No.

3        Q.   Did you ever go back to Northbrook?

4        A.   No.

5        Q.   Did you ever go to California?

6        A.   No.

7        Q.   Did you ever go to any state outside of Washington

8   for training other than Northbrook in 1998 for two weeks?

9        A.   No.

10        Q.   All of the training that you had in Washington,

11   was it at Marysville?

12        A.   Yes.

13        Q.   And online; am I correct?

14        A.   Yes, and then sitting-alongs with other coworkers.

….

 

                                                                    18

3   What medical training have you had?

4        A.   None.

5        Q.   What science courses did you take in college?

6        A.   I took human anatomy, physics, chemistry, organic

7   chemistry.  I took two physics classes that I recall.

8        Q.   Have you ever worked in a medical office?

9        A.   I temped for two weeks at an x-ray department at

10   the University of Washington.

11        Q.   I take it you perform no medical treatment or

12   services?

13        A.   Correct.

14        Q.   It was a receptionist job or something like that?

15        A.   Orderly.

16        Q.   Do you claim that you have any medical training or

17   background?

18        A.   No.

 

Naughty. Naughty. Object to the form.

naughty.jpgIt's been too long since the last trial.  Since the last argument.  Since the last fight.  The defense lawyers have been well mannered lately.  Which is all good and well.  But not that exciting.

This deposition excerpt is from a case where dude was on his phone when he ran down my angel client in a cross walk.  It was with one of my favorite adversaries.  He is hard headed and tenacious.  It is fun to bump heads with him.  And to do so with a smile.

Deposition excerpt:  

Scheild, J. Dep Transcript.pdf

Tips for Attorneys: direct exam of a treating physician

drdep.jpg

 

 

 

Outlines serve a purpose.  They just shouldn't be relied upon to the exclusion of the rest of what is going on in a courtroom.

This general outline has been in my repertoire for 20 years.  My former boss, Tom Chambers, developed it.  I have barely changed it.  I use it as a reminder.  As a guide.  Not as a script.

 

Sample.  Outline direct examination treating health care provider (mix and match order)

Background

  • Name
  • Address
  • Occupation
  • CV

First visit

  •   Date
  • What is your understanding of treatment  plaintiff received following the incident and before s/he saw you
    • Did you perform an exam
    • What were significant findings
    • Initial diagnosis
    • Definition injury
    • History of incident
    • Development of pain/disability

   Course of care

  • Reasonable
  • Necessary
  • Improve with care
  • When was last appointment

Mechanics of injury and causation

  • How did the incident cause injury
  • After trauma can injury cause:
    • Physical limitations
    • Degenerative changes
    • Susceptibility to future problems in area
    • After last appointment what was prognosis in terms of reasonable medical probability
    • Reasonable to expect plaintiff would suffer continuing symptoms requiring continuing treatment to this day on a more probable than not basis from acc.

Pre-existing condition

  • If plaintiff had previously injured ____, but had not had medical care or symptoms for almost __ yrs before the incident, would it be fair to say that the injuries were caused by the incident

Medical expenses

  •   Are you familiar with the costs of health care in this community

  • Show bills:  Have you had a previous opportunity to review the medical expenses.  

  • Were the health care services provided to plaintiff reasonable

  • Were they necessary

  • Were the health care bills charged for those services reasonable and customary in the medical community

  • In terms of reasonable medical probably, do you have an opinion as to whether or not the medical conditions and symptoms of plaintiff which you have testified about today were caused by the incident?

  • Wage loss

    • I’d like you to assume that immediately following this incident, plaintiff missed work for ____ (or was unable to return to work).
    • Would you have an opinion as to whether or not the time off work (or inability to return to work) that I just described is a reasonable period of convalescence for plaintiff as a result of the incident.
  • Future losses

    • Can you detail the future medical care that plaintiff will require?
    • What is the cost of that care?
    • Can you describe future limitations of plaintiff

      • Daily life activities
      • Need for care or assistance
      • Recreational
      • Work
      • Emotional and interpersonal
    • Have you met with NAME, vocational counselor/life care planner
    • Did you provide information to that individual to assist in creation of a life care plan
    • Did you review the completed report – do you agree with the medical portions of that report
    • Future medical risk factors or complications
    • Loss of life expectancy

Final opinion re causation

In terms of reasonable medical probability, do you have an opinion as to whether or not the plaintiff's medical conditions and symptoms were caused by the incident of DATE?

Deposition - helping a deponent put foot in mouth

smokesignals.jpgThe plane lands in the Tri Cities.  Am on way to rental car.  Defendants pull up in a work truck.  They are picking up Doug - the defense lawyer.  They motion for me to come on over.  They want to give me a lift.  How sweet is that.

Pull self into smelly dirty diesel.  Am wearing jeans so doesn't matter.  All good.

They are being very kind.  Charming.  Yucking it up with me.  Hoping I'll be sweet and kind during deposition.  Yuck it up right back.  Arrive at the office of friend lawyer, Jay Flynn.  We're going to conduct the depositions there.

Our client, Candelario is a quadriplegic.   He fell on a job site in the middle of nowhere.  There was no safety anything in place at all.  To make matters worse, he lay on the ground for hours waiting to be rescued.   These fellas bid a job, subcontracted it out, and thought all they had to do was rake in the profit.  Didn't realize that under the Stute case, they actually had an obligation to make sure the work site was safe.

Here are some excerpts from a deposition that proves yet again - honey works better than vinegar.

safetydepo.pdf

Defense deposition tacic - chopping off answers

The defense attorney isn't getting anywhere with this expert witness.  So he tries a new tactic - cutting off the answers.  It may seem obvious when you are there in the room.  But if you don't do anything, the actual deposition transcript won't be so clear.   Then at trial, the defense will use the misleading transcript to impeach the witness. 

To stop this, the plaintiff attorney nees to speak up and speak often to make sure the record stays honest.  Here is an example:

 13        Q    Okay.  Now, can you rule out that the band in

       14    this case was not contaminated?

       15        A    Can I rule it out?

       16        Q    Yeah.

       17        A    No.  I think that the likelihood that the band

       18    is contaminated is far lower than an intraoperative

       19    misadventure.

       20        Q    Okay.  I'm going to move to strike the last part

       21    of your answer as not being responsive to the question.

       22             MS. KOEHLER:  It was responsive.

       23             MR. FREISE:  No, it was not.

       24        Q    Well, let me ask it again then.

       25             Can you rule out that the band that used for


                                                                    24

 

        1    Mr. W was not contaminated prior to its insertion in

        2    Mr. W?

        3        A    I cannot rule it out.

        4        Q    All right.  Thank you.

        5             MS. KOEHLER:  No.  He's still talking.

        6             MR. FREISE:  That's all the question asked for.

        7             MS. KOEHLER:  No.  He was -- he was breathing.

        8             MR. FREISE:  No.  He's busy trying to argue --

        9             MS. KOEHLER:  No.  No.

       10             MR. FREISE:  -- and he's not entitled to argue.

       11             MS. KOEHLER:  He's entitled to finish his

       12    answer, and if you want, you can move to strike it again.

       13             MR. FREISE:  Well, I got the answer that the

       14    question asked for.

       15             MS. KOEHLER:  He was breathing, and you just

       16    walked right over it.

       17             MR. FREISE:  All right.

       18        Q    So --

       19             MS. KOEHLER:  I'll ask it later.

       20             MR. FREISE:  That's fine.

       21             MS. KOEHLER:  But that's what happened.

In this case, no blows were exchanged.  Both attorneys smiled as they spoke.  And the record remained clear.

Deposition of a wannabe life care planner

lifecareplanner.png

 

The wife lost not only her beloved husband of 34 years.  She lost her life helper.  Legally blind and with other health impairments, she depended on him to see for her. To take care of her.

We used a highly qualified life care planner named Tony Choppa to draft a plan of what it would take to provide the widow with help.  Specifically, the kind of help she needed from her dead husband.  Going to the grocery store.  Walking her to the bus stop.  Navigating the world.

The defense hired a defense expert to say that Mr. Choppa was way off base.  She wrote a report that attempted to slay the plaintiff's claim of damage.

In this deposition transcript, I slayed the expert.  If you are going to go toe to toe with an someone like Tony Choppa.  You better be qualified to do so.

Here is an excerpt from the deposition:   defense life care planner.pdf

Deposition of an expert - cross exam style

 

toxi.jpg

 

Okay.  Admit it. Had a drama queen moment.  But if you had been forced to listen to this expert for hours - you'd be fed up too. 

Here's a few pages of the deposition: 

toxi.pdf

Deposition question that needs to be retired

Am sitting next to our expert and the court reporter.  On the other side of the table there are three defense lawyers.  Two more are on the phone.  We start at 2:00.  At 2:35 throw my first fit.   Here is why.

To comply with the subpoena, the expert has brought in every document he's been given and has relied upon. This equals a foot and a half stack of files.  Dale the defense lawyer starts off  asking if it is okay to copy everything and to return the files later.  Permission granted. 

Here's the part that drives me batty:  He then has the expert go through every piece of paper and read aloud what it is:  In this folder is the police report..  In this folder is the list of other incidents...and so on.

This is supposedly to create a record.  Today it takes 45 minutes.    

Midway through I say:  why are you having him do this.  He's given you permission to take and  copy everything.  What a waste of time. 

Nick says:  I don't think it's a waste of time.

I say: well you're the only one who doesn't.

Because what is the point. 

Are you going to impeach the expert in the future based upon the list of documents that he read into the record.  Are you going to learn something you don't already know.  Are you doing anything dazzling or worthwhile at all.  No. You. Are. Not.

Here are the reasons an attorney asks such a silly question:

  • run up billable hours
  • aggravate the witness
  • tire out the witness
  • buy more time to prepare questions
  • learned to ask this question 30 years ago and can't break a bad habit

There's no need to ask a witness to itemize everything they are giving you to copy.  Resist the urge. 

Even nice defense attorneys may need a reminder

I like this defense attorney.  He seems like a nice guy.  But still, the Alpha in deposition training needs to occur:


17   Q    Okay.  So you feel that that is a good picture?
18   A    I said --
19                  MR. GRENNAN:  Objection to form.  What does
20   good mean?
21   A    I said in conjunction with the other photographs it's
22   useful.
23                  MS. KOEHLER:  Limit your objections,
24   please, to the form.  Great.
25                  MR. GRENNAN:  I'll object as I want.
                      MS. KOEHLER:  No, you will object to the
 2   form.
 3                  MR. GRENNAN:  No, I'll object as I want.
 4                  MS. KOEHLER:  No, you don't.
 5                  MR. GRENNAN:  I can object in any way I
 6   want.
 7                  MS. KOEHLER:  Well, --
 8                  MR. GRENNAN:  And I will follow the rules,
 9   so you don't have to try to control me.  I won't try to
10   control you.
11                  MS. KOEHLER:  As long as you don't send
12   messages to your witness, that's fine with me; but object
13   to the form.
14                  MR. GRENNAN:  I will object as I choose.
15                  MS. KOEHLER:  As you should.
16   Q    (By Ms. Koehler) Okay.  How many hours did Eric spend
17   on this file?

So did it work?  Well, only time will tell.  Since he didn't make any other objections will find out another day.

Tips for Attorneys: how to stay awake during a boring deposition

DSCN1929.JPGSometimes the hardest thing to do in a deposition – is stay awake.

Give me an obnoxious opposing counsel or difficult witness any time. At least the deposition will be lively and fun.

Today, ten of us are in my firm’s conference room. The videographer is at one end of the conference table. At the other sits the witness. In back of him is a neutral screen. It blocks out the angels frolicking on the old antique sideboard that usually dominates that end of the room. The camera is pinned on his face. He will become the ultimate talking head. A jury will hear but never see the rest of us.

A doctor is being questioned by the defense on videotape. They are trying to impeach him. Or to find any dirt they can to use against my client.

The main defense attorney today is very business-like. He is wearing black laced shoes, buffed so there are no scuff marks. Black socks. Dark grey pinstripe suit. Four buttons on each cuff. A purple tie with blue diamonds and hash marks. A little microphone is clipped onto it. White shirt hugs his neck too tight. Can’t see the top of his collar as his chin hangs over it.

He is armed with a prepared detailed outline of questions. He has a plastic blue pen in his right hand that he plays with. He touches it to the paper with the questions. But doesn’t write anything down. He goes through the outline. Question by question. In a measured monotone. He looks over his spectacles as the soft spoken witness gives each answer.

The lawyer to my right is most likely sleeping. His eyes are closed and his shoulder just twitched. Actually it twitched so hard that it woke him up. He definitely was sleeping. Don’t blame him.

An hour passes. I manage to avoid passing out. The defense lawyers are now exchanging microphones so the next one can ask questions.

The second attorney is usually the one who goes first. He’s letting the other defense lawyers take first whack at some of the less important witnesses in the case. His shoes are identical to number one. Same black socks too. But he’s wearing chinos and a light pink shirt. His cashmere jacket is hanging off the back of his chair. And his specs are GQ appropriate. He’s wearing a tie but can’t tell what it looks like because am sitting next to but slightly behind him. Don’t feel like being elbow to elbow.

He asks questions that jab and insinuate. He’s wiley and obnoxious. Half an hour passes in a swirl of objections and all the stuff that gets the blood flowing nicely. Bless his soul.

Here are tips on how to stay awake during a boring deposition.

  • Fill glass with liquid, sip til done, refill, repeat
  • Sit facing window and look for anything that moves
  • Do not rest head on hands
  • Do not close eyes
  • Do not think of closing eyes
  • Do not let eyes close
  • Pinch side of thigh
  • Apply hand lotion
  • Read the exhibits
  • Mark up the exhibits
  • Apply lipstick
  • There's a reason why lawyers drink coffee. If you don't drink coffee (like me) then keep reading this list
  • Do isometrics with shoulder blades
  • Wiggle toes
  • Send an internal email asking staff to turn up the air conditioner
  • Volunteer to make photocopies of exhibits
  • Hold breath and count to ten or longer
  • Dress in layers so you can take off jacket, sweater or whatever in order to get as cold as possible.
  • Write down questions you may or may not ask
  • Write down questions you wish the other lawyer would ask
  • If notice eyes are not open and mouth has gone slack.....WAKE UP!

The Alpha in Deposition

nala.JPGNala likes me to do her bidding.  She takes me for her walks.  She puts her head or paw on my foot when we are sitting here in the office.  We will have staring contests which she almost always wins before I give up and blink.  Am okay with that. 

Could have chosen to follow the instructions from the doggie obedience school (who had Nala trained perfectly for an entire month before we undid everything).  But was happier with letting Nala's own perky personality rule the day (and us).

In deposition am often confronted with defense lawyers trying to be The Alpha.  Don't like this.  Unlike Nala, am not interested in fostering their personalities (though some are certainly quite delightful).

This is where the money spent for doggie training comes in handy as can apply lessons learned.

In this deposition excerpt, the nice defense lawyer from Perkins Coie wants to make a speaking objection which is a NoNo.  In order to prevent this behavior must say No each time it occurs or is about to occur.  This must be done firmly and with stern eyes.  Yelling should be avoided as want to reinforce that it is the behavior that is bad not the doggie (person).  Positive reinforcement should come though probably not with a treat.  A smile will do.

Here is the excerpt: 

To the form.pdf

Photo of Nala in Kirkland by Cristina Greig

Deposition of a Farmers Honcho ...objection!

A high ranking regional manager for Farmers Insurance is asked to explain how Farmers started.  Seems like a pretty straightforward question right? 

Deposition of a Squirmy Insurance Adjuster

The Ethel Adams case gained national attention when Farmers refused to provide insurance coverage.  It said the "car accident was not an accident" because the person whose truck hit hers, was the victim of a whacko's road rage.  Public outcry and pressure from the Office of Insurance Commissioner caused Farmers to cave.   Paul Stritmatter and I then filed a bad faith lawsuit against Farmers

This snippet is from the deposition of one of the big wig insurance adjusters who handled Ethel's case.    Tom Lether is the defense attorney objecting all the time.  Watch the adjuster (try to) explain the difference between good faith and bad faith. 

Perpetuating* radiologists' depositions

DSCN1162.JPGGet up at 6:00 am.   Have to drive back downtown before heading south.  Need a plan "B" in case doctors don't have access to the radiology films.  Get ready, feed and quickly walk Nala.  Write note to let the girls know she's been fed.  Wash bowl of raspberries.  Get in car 6:30.  Eat bowl of raspberries on the way.  Get to office by 7:10, run in undo alarm.  Grab computer discs, run out redo alarm.  Back in car 7:15. 

Drive down viaduct. Not going to be able to drive this way much longer.  One lane is blocked off.  The viaduct is doomed.  It is going to viaduct heaven.  Supposedly being replaced by a tunnel.  Which is too bad because it is absolutely stunning driving on this  rare sunny morning with the ocean on the right and the city on the left.

Get onto freeway.  Traffic is flowing nicely.  Ding.  Fuel light comes on drat.  Keep driving, ignore fuel light. Looking for the closest gas station to a freeway exit.  Oh there's one.  Oh, too late to get over.  Next exit there's one.  Nope.  Oh there's one.  Oh, too late to get over.  Want to find the perfect station until see the car is claiming there is less than 5 miles left.  Probably a fudge factor in there.  But can't chance finding out.  Take next exit. 

Gas station has a nice store attached.  Grab two packets of sugarfree gum.   For counterbalance grab a very necessary donut.  Oily and sugary - yum.  Get back in car and onto the freeway.  Drive.  Consume sugar/nonsugar.  Listen to oldies on ipod.

Ding.  What's that.  Not the fuel light.  Warning light says "Maximum speed".  Oops.  Have previously increased the preset manufacturer's default setting.  So basically, am speeding.  Ding.

Arrive at the hospital at 10:00.  My dear paralegal Anne has set the first deposition for 10:30.  This was so I didn't have to get up too early.  Which did anyway because needed to pick up plan "B".  Which now realize is dumb dumb dumb.  Because forgot to bring the computer's DVD drive that is still sitting on my desk.

Pull up to the emergency entrance.  Wrong.  Drive around in a circle.  Or two.  End up in a parking garage.  Pull out phone.  Refers to a map of the hospital campus.  Click on it.  Microscopic.  Can't read it.  Pull out computer.  Dial up, find map.   Am bad at reading maps.  Get out of car with computer bag and plan "B" discs but no disc drive.  Not sure where to go.  Walk a little way and realize have parked right by where need to be.  Am a map wizard queen.  Arrive with ten minutes to spare. 

Videographer and court reporter are already set up.  Have to change the set up though.  This isn't the type of deposition where the camera focuses on the head of the doctor and never moves.  (note:  never do a perpetuation deposition of a talking head - this is a guaranteed bore).

Anne has arranged with the doctor's office for this deposition to be in the hospital medical library.  All the films are stored in the secure hospital server.  The hospital computer is already hooked up to a projector and a screen.  Don't need plan "B" after all hurray.

Nic Scarpelli comes in the room.  First of the four defense attorneys.  What a gaggle.

I explain the set up and he doesn't argue with it.  We actually rub along pretty well most of the time.  Unless he's upset with me.  Hard to believe that could ever be possible.  Am such an angel.

The doctor will start off on camera for background questions.  Then will move over to the computer.  We'll have to turn off the lights since it's too bright.  The videographer will then focus the camera on the screen and zoom onto the projected images.

The doctor is right on time.  I explain the protocol and you can see the shoulders relax.  He doesn't have to leave the familiar world of radiological films.   After a few preliminaries we get right to the films.  He walks over to the computer.  And brings the images alive for the jury.

After he's finished, a second radiologist comes in.  We don't take a break, repeat the process and finish at 12:40 pm.   The defense lawyers bolt out of there.  Where did they go so fast. 

Get back in car.  Donut has worn off.  Equally unwholesome Burger King is handily right at the freeway entrance.  Veggie Burger and fries to go.  Get on freeway almost without incident. Have taken off top part of bun with goopy mayo and lettuce.  This creates a bit of instability in sandwich. Drop piece of tomato on white shirt which now has a pink speckle.   

Doesn't take the full three and a half hours to get back.  Ding!

* A perpetuation deposition is testimony under oath preserved in this case by digital recording and played at the time of trial.  Doctors are commonly perpetuated to avoid trial scheduling nightmares.

Deposition of a State expert witness

depoexpert.jpgThis is my take on today's deposition of an expert engineer for the state.  Actually this is way better than how the real witness performed.

click here.  http://youtu.be/juZq059TH1U