WFB&M was heavily involved in the production and coordination of the conference. The trial fact pattern, largely developed by senior associate Chris McDonald, involved a claim brought by the family of a worker who allegedly died as a result of exposure to cleaning solvent on a regular basis during his 30-year career as a pressman for a newspaper. It was alleged that his exposure to trace amounts of benzene resulted in his development of leukemia. His family sued the manufacturer of the cleaning solvent under a theory of strict products liability.

Premier plaintiff and defense trial attorneys from around the country participated in each portion of the trial, from voir dire and opening statements to examination of lay witnesses and experts and closing arguments. As actually happens in cases where the individual passes away before trial, the testimony of the "decedent" (portrayed by WFB&M partner Larry Duffy) was presented by videotaped deposition. The role of plaintiff's counsel at the deposition was portrayed by Chris McDonald and the role of defense counsel by WFB&M partner Sage Knauft. In the mock trial portion of the conference, WFB&M partner Laurie Sherwood portrayed the defendant chemical company's "person most knowledgeable" and was cross-examined by a well known California plaintiff's attorney.

Juror reactions to the various segments of the trial were gauged through perception analyzer equipment, where audience members could view how jurors were responding to testimony in a real time format. Juror deliberations were also viewed via a live video feed. While the jurors returned a plaintiff's verdict, they only apportioned 35% of the fault to the defendant chemical company, allocating 45% to the employer and 20% to the decedent. Due to the fact that the mock trial was completed in less than two days, evidence on damages was not provided to the jurors. HarrisMartin has reported that feedback on the format of the conference has been exceptionally positive and as a result, they plan to extend the mock trial format into other areas of law over the next year.

For more information on the HarrisMartin conference, please contact Deidre Cohen Katz at dkatz@wfbm.com, (714)634-2522.

Related Practice Areas: Environmental/Toxic Tort Practice; Trial Practice
Related Attorneys: Deidre Cohen Katz; Christopher McDonald
Related Articles: Stemming the Tide of Trace Benzene Claims (6.2)