Thank you, everyone. Just to let you all know... I lost the case. I thought I had a pretty good case... I got a great jury instruction - "Defendant owed a duty to the Plaintiff to provide notice of any concealed dangers." I had the defendant testify that he was solely responsible for maintaining the parking lot, he knew that the drainage grate drained slowly, a store clerk admitted that there were "some bad places" in the parking lot, etc. I hammered the fact that this was a concealed hazard because it filled with water, hiding the 5" recessed grate, and that even though the defendant knew that the grate was not functioning properly, he took no steps to mark it for the patrons when it rained.
Still, the jury found 7 to 1 for the defendant. They just didn't believe that the grate presented a hazard and that my client should have known better than to step in a puddle. Juries are just unpredictable.
On the brighter side... all of the jurors told me that I did a very nice job, as did the judge who presided. My professor even told me that I have done very well all semester. In the end the class was great. I learned a lot about trial advocacy and I at least feel that I could handle myself in a court room if I ever find myself there. Though I am planning a transactional practice (real estate, probate, tax, small business, etc.), you never know when you might end up going to trial on something.
Maybe we can get Slade (my soon-to-be former Web developer ) to comment on his impressions as a juror. Unfortunately, he took the defendant's side in deliberations.
Best,
Robert A. Franco
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