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Oak Ranch Development: Case Study

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Conclusion 49 of the 100 responding jurors (49%) found no negligence against the named defendant, Oak Ranch Development. However, 67 of the responding jurors (67%) found the unnamed third party (the Builders) negligent. Several of the jurors assigning negligence to the Builders believed that because the defendant provided the geological survey results to the Builder, the defendant’s responsibility essentially ended at that point. Favorable jurors also questioned the due diligence of the Builder when evaluating individual lot soil conditions, and determining the appropriate foundation for the property. There is certainly a strong opportunity to transfer a significant amount of the negligence to the Builders (over the 51% threshold.) Jurors who are knowledgeable and …show more content…

Most felt there is a “Low Risk” of foundation damage to every home in Houston and the surrounding areas, and there is likely no such thing as “No Risk.” A voir dire question can be authored on this concept to identify potentially dangerous jurors. This theme will especially resonate with jurors having family and friends living throughout the Gulf Coast area, as they will be well aware that street, sidewalk and driveway cracks are not unique to the plaintiff’s …show more content…

The defendants must emphasize how the great schools, great community, and access to great shopping and entertainment venues, definitely represents a “Master Planned Community,” and is available to all residents of the Woodlands. As the DTPA awards are approximately 38% of the average juror verdict, the defendants have a good opportunity to significantly reduce any judgement against them by successfully defending this

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