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Negligence: Case Study

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Conclusion This case is certainly defendable with a strong opportunity to have the jurors decide that the Builders are 51% or more responsible for any negligence. 49 of the 100 responding jurors (49%) found no negligence against the named defendant, and 67 of the jurors (67%) found the unnamed third party (the Builders) negligent. Favorable jurors questioned the due diligence of the Builder when evaluating individual lot soil conditions and determining the appropriate foundation for each property. Only 37 jurors decided there was a DTPA violation by the defendant. Many of these jurors exhibited response attitudes indicating a bias against big business, which is an attitude that can be screened during voir dire. The defendant must emphasize how the great schools, great community, and access to …show more content…

A voir dire question can be authored on this subject and utilized to identify dangerous jurors. Finally, Montgomery County is considered a conservative jurisdiction. County residents cast 80% of their votes for the Republican candidate in the 2012 Presidential election. This is typically positive for the defense, as research indicates conservative jurors tend to have a pro-business orientation and a predisposition not to award damages against large corporations. This does not imply they will not favor a plaintiff, but they trend towards reduced damage awards and require the plaintiff to establish a burden of proof much higher than the preponderance of the evidence standard. RMI will continue to research and identify any additional juror characteristics and/or attitudes that identify dangerous jurors and correlate with adverse verdicts. Some working case themes to consider are included below, and please contact Norm Revis if you have any

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