Creating and Developing the Litigation Plan and Strategy in Trucking Litigation Cases by Dan Ramsdell, Esq.

Transcription

1 NATIONAL TRIAL LAWYERS - MIAMI JAN 2015 Creating and Developing the Litigation Plan and Strategy in Trucking Litigation Cases by Dan Ramsdell, Esq. AUTHOR INFORMATION Dan Ramsdell is the past elected Chairman of AAJ s Interstate Trucking Litigation Group, and is the National Director of The Association of Plaintiff Interstate Trucking Lawyers of America (APITLA), APITLA is the largest plaintiff trial lawyer association in America that focuses on interstate trucking and safety. Dan has been named one of the top trial lawyers in America. Dan also serves on the Executive Committee of the National Trial Lawyers, and is the Editor-In-Chief of The Lawyer s Logbook, a nationally distributed plaintiff lawyers only magazine. Dan is the moderator of the West LegalEd/Thomson Reuters popular national webcast, Trucking Tuesdays, for plaintiff lawyers only. Due to his nationally recognized expertise and experience in establishing liability and punitive damages in almost any type of interstate trucking case, Dan s clients are now exclusively law firms from all across the country who hire him as co-counsel, pro hac vice, on their catastrophic or complex interstate trucking cases. Dan is also a frequently invited lecturer, author and educator on the subject of interstate trucking litigation for numerous trial lawyer associations. Mr. Ramsdell is likely the only lawyer in the United States who limits their practice to plaintiff interstate trucking litigation only. He enjoys a national Page 1 of 23

2 interstate trucking law practice and litigates trucking cases for lawyers all across America and has done so in a dozen or more states. CONTACT INFORMATION Office number: [email protected] Dan s Cell: WEB: and Office address is: Ramsdell Law Firm, LLC, 1304 W. Battlefield Road, Springfield, MO Know what you are doing, and why you are doing it. David Bossart, Esq., North Dakota. To state it simply, in any interstate trucking case, Dorothy, you re not in Kansas anymore. They are each very complex cases that require a great degree of skill and experience to get the desired recovery. You will come up against the best defense lawyers and some of the best experts money can buy. They will fight you to the bitter end, competently and completely. Here s the Catch 22 Page 2 of 23

3 If you don t agree that interstate trucking cases are complex cases requiring a great deal of skill, then you should never handle an interstate trucking cases by yourself. You will make costly errors. On the other hand, If you agree that interstate trucking are complex cases requiring a great deal of skill, then you also should never handle an interstate trucking cases by yourself. You will make costly errors. The solution? Co-counsel with someone who does have the expertise in interstate trucking litigation to compete with the Big Boys. These cases are practice stoppers, both from the perspective of the huge amount of expenses required to prosecute them properly, but also from the time required to invest to work these cases like they need to be worked. In Florida, when you hook that big Marlin, if you don t have the right gear, the right kind of boat, the right crew, the proper line, the proper hook, the proper fishing pole, the proper reel and the right skills right off the bat, you will never get it into the boat. Interstate trucking cases are very unique and vastly different from car accident cases. They have hundreds of special rules and regulations, and hundreds of unique industry procedures and practices. Vehicle dynamics are vastly different, professional drivers are involved, special licenses are issued, and special hiring policies and laws apply. Special experts with special qualifications are required. You must know about and investigate in your case the medical and legal aspects of fatigue, sleep apnea, and distracted driving. You must know about electronic on board recording devices, cell phones, log books, pre and post trip inspections, surety and insurance issues specific to the interstate trucking industry, the industry hiring practices and procedures and the industry requirements for the training, supervision and retention of professional truck drivers. Page 3 of 23

4 There are certain areas that involve the disqualification of a professional truck driver that is otherwise in all respects legally qualified to drive. Interstate trucking litigation involves dispatch and routing schedules, load procurement and safety issues, and hours of service rules and regulations. Interstate trucking litigation involves a thorough understanding of the mechanics of the operation of a truck and all its parts, including especially its brakes, wheels, tires and conspicuity. Interstate trucking litigation often requires a thorough understanding of proper maintenance, inadequate maintenance., leased vehicles, leased drivers, broker-shipper liability spoliation of evidence issues, and alter ego liability. All of these areas have important safety and industry standards, procedures and rules that are unique and specific to the interstate trucking industry. All interstate trucking cases are very complex cases, if you do them right. In major cases, you start out very far behind the evidentiary curve. The trucking company is at the scene usually within an hour or less with its investigators, accident reconstruction experts, EOBRD experts, claims supervisors, photographers and attorneys. They already have their litigation plan in effect months, and sometimes years, before you are ever called to begin your representation of the plaintiff. I was once asked to put on a 30 minute presentation for a trial lawyer association in another state. My topic was How To Win Every Trucking Case Every Time. MISSION IMPOSSIBLE. Likewise, within the context and limitations of this article, I will of course not be able to include everything. This is just a small sample of one lawyer s suggestions for what might need to be done, recognizing that all cases, all clients and all lawyers are different. Page 4 of 23

5 The creation and development of the interstate trucking litigation plan may involve many of the considerations set out above. To be effective, the litigation plans should involve a separate individual mini-litigation plan for handling each one of the separate aspects of the interstate trucking case. Some, but not all, of those many aspects of an interstate trucking case are outlined above. Any interstate trucking litigation plan should consist of a minimum of eight (8) major items, and literally hundreds of other sub items. The number of sub-categories within your eight (8) or more major categories are case dependent and will be, and should be, unique to your case. They will undergo modifications as the case progresses. Some generic and very basic beginning outlines for a litigation plan to use in an interstate trucking case are set forth below for you: 1. TAKE ALL NECESSARY ACTIONS AND STEPS TO OBTAIN, PRESERVE, PROTECT AND PRESENT THE EVIDENCE AT EACH STAGE OF THE LITIGATION 2. IF YOU ARE NOT AN ATTORNEY WITH INTERSTATE TRUCKING EXPERTISE, THEN BRING ONE IN IMMEDIATELY TO HELP YOU. YOU WILL MAKE MORE MONEY, AVOID MALPRACTICE AND INCREASE BOTH YOUR CLIENT S AND YOUR RECOVERY. GUARANTEED. 3. IDENTIFY THE BAD ACTS OF THE DEFENDANTS a. Some will be obvious, most will not be b. Violations of the FMCSR c. Violations of state laws d. Unsafe Company practices and procedures Page 5 of 23

6 e. Professionals consciously disregarding and violating industry standards, practices, rules and laws; f. Professionals knew that violating the industry standards, rules and laws substantially increases the likelihood of serious bodily injury or death; g. Admissions in depositions; h. Documents in discovery; 4. IDENTIFY ANY BAD ACTS/FAULT OF THE PLAINTIFFS Conduct Reverse Planning (See below) 5. FIND AND ESTABLISH ALL THE DAMAGES OF THE PLAINTIFF a. Economic PAST & FUTURE Lost Wages, Medical Expenses, Life Care Plan (s), EXPERT (S) b. Physical The obvious, and the oft over looked TBI c. PTSD, Grief, Bereavement, Quality of life d. Consortium e. Wrongful Death Statute 6. IDENTIFY THE THEMES OF, LANGUAGE OF, AND THE STORIES IN YOUR CASE, FRAME YOUR EVIDENCE a. Accident Report b. Statements of Witnesses c. Thousands of Discovery Documents d. Deposition Testimony (Experts and lay witnesses) Page 6 of 23

7 e. Exhibits Some found, some created 7. DETERMINE HOW TO BEST GATHER AND PRESENT ALL OF THIS MOST INFORMATION MOST EFFECTIVELY TO A JURY TO ACHIEVE YOUR CLIENT S DESIRED RESULTS 8. THEN CREATE, EXECUTE AND CONTINUALLY MODIFY, AND ADJUST YOUR PLAN AS YOU GO TO MEET YOUR GOALS The most effective litigation plan in interstate trucking cases begins before you ever get the case, and continues through each and every phase of the case. Have a team in place ahead of time. Know who you are going to call, and call them. The effective litigation plan is flexible at the beginning of the case. The effective litigation plan is flexible during the middle of the case. The effective litigation plan is flexible toward, and at, the end of the case. It has been said that all battles are won before they are fought. Without a litigation plan and creating a target to shoot at, you will never hit your mark. Although you may still win your case, you still may lose, by not recovering as much for your client in your win as you should have. That, in my opinion, may in fact be be losing the case. Do you know how to settle a case for five million dollars? Take a twenty million dollar case and screw it up. Reverse planning is an important part of any litigation plan. Reverse planning is finding out how you lose, so you can then win. Simply identify and address those problem areas in your case, often called land mines and warts. Then study them, and determine how to either avoid them altogether, or to minimize them. But find out what Page 7 of 23

8 they are and what you plan to do about it. Are motions in limine going to help you? A litigation plan is like planning a trip on a roadmap, and avoiding the "bad" areas on your trip as you go down the road. Of course, it is hard to also predict bad weather months away, and road repairs and detours. However, all of those can, and often do, happen, just like in our cases. I always like to try to see how I can lose a case, so that I never lose it. Part of our job is not losing, as well as winning, if that makes sense. So far, it has always made sense to me. So far, that strategy has always worked for me. ALWAYS. 100% of the time in trucking cases. There is not just one case plan or litigation strategy that works for all cases, or for all types of case in the same category, since all cases are uniquely different. All plaintiffs and all defendants are uniquely different. The goals in each case are completely different. Work Smart. Work Hard. Spend the Necessary Money. Work For Your Client. Have the necessary expertise, or associate with someone who does. No one attorney knows all areas of the law. Be available to your client. That is an important part of your litigation strategy. Without their support there will be no litigation or they will not follow your plan. They must be actively involved for your litigation plan to be successful. The case is about THEM and not about you. Be Credible. Be Credible. Be Credible. Be Credible. Be Credible. Be Credible. Be Credible. Be Credible. Be Credible. Be Credible. Identify the goals of your client and then work to achieve them. My good friend John Romano always says there are just three agendas in every case. They are: Agenda #1: The agenda of the client; Page 8 of 23

9 Agenda #2: The agenda of the client; and Agenda #3: The agenda of the client. So, find out your client s agenda. Then, establish the litigation goals consistent with your client s agenda (s) in each phase of the case and then seek to achieve those goals. Trial lawyers are just like someone who has been hired to mow someone else s (the client s) lawn. Find out their goals and agendas, and find out why they have those goals and agendas. Are the reasons valid, or invalid, sound or unsound? Where do they want you to cut their grass? Why? When do they want you to cut it? Why? Are there some areas of the yard that need to be avoided, or treated? Why? What about the bushes and the flower beds in the yard? Are we to work on that, or not? Why? Do they want them trimmed or not? Why? Are there any hidden water sprinklers? Where is the pool? We don t want to throw grass from the mower into it. Are there areas with rocks to avoid or to remove so we don t run over them by mistake and send a rock flying into a window and break it, or into someone else and hurt them? The client is ALWAYS the boss. Frequently let your client know how their case is coming. Sometimes you will be ahead. Sometimes you will be behind. The score at the end of the case is what matters. Let you clients know that. Discuss the pros and cons in their cases with them. Engage your clients in the process. Get their input. Get their approval. We are just the people who work for the clients and who carry out their orders. Don t ever forget that. Establish deposition goals for each deposition consistent with your client s goals and then achieve those goals. Always be working on your closing argument and opening statement. Have a closing argument and opening statement section in your Page 9 of 23

10 computer or in your file into which you put all of the key facts and phrases, i.e., the language of the case, and all of the major points. Find, develop, and repeat the language of the case over and over in depositions, pleadings and motions. Always Always Always video-tape all of your depositions. They are great to capture the look on the person s face, their demeanor and their credibility. Use them during motions, hearings, other depositions, digital demand letters, mediations, in your side of the case for evidence at trial, at cross examination and during closing. Remember to never be unprofessional, rude or a jackass on a videotape. Let that be the defense witnesses and the defense attorneys who appear like that, but never, never, never let it be you. That also goes for at trial. Remind your client that from the time of the crash until the verdict is in, and the check clears, he/she will be on display 24-7, and is going to be followed, researched and video-taped. Remind your client that from the time of they arrive at the court house until the verdict is in, they are an important exhibit for the jurors, and especially at breaks and that he/she will be on display 24-7, and is going to be followed, and video-taped. Prepare for the re-direct examination of your own witnesses. Credibility and many points are either won, or lost, during re-direct at trial. Plan for it. Lay traps for it. Win it. Know your case and all the facts. Know your case and all the facts. Know your case and all the facts. Know your case and all the facts. Know your case and all the facts REALLY KNOW IT. KNOW ALL OF IT. KNOW EACH PART. KNOW EACH SUBPART. Page 10 of 23

11 Do you save impeachment for trial, or do you use it in depositions? Is the witness coming to trial? Do you want to (or can you) risk not bringing it out in depositions? Do you want to (can you) risk saving impeachment and bringing it out at trial, with little chance then for the adverse witness to recover? Are you selling your case to an insurance claims committee or to a jury? Create your order of witnesses and create your order of exhibits. Know what you are doing, and why you are doing it. David Bossart, Esq. North Dakota. Save some surprises for trial. The defense will for sure. DAN S 30 PLUS OTHER TIPS (BESIDES THE ABOVE) 1. GET THE CASE - DOG CHASING A CAR a. NOW WHAT DO I DO WITH IT? 2. DON T BRING A KNIFE TO A GUN FIGHT 3. GET READY TO SPEND LOTS OF $$$$$ a. NEED TO GO TO VEGAS TO GAMBLE? B. IT WILL CREATE A HUGE CASH FLOW HOLE 4. GET READY TO SPEND LOTS OF TIME a. IT WILL BE A PRACTICE STOPPER 5. PREPARE, PREPARE & PREPARE 6. BE AN EXPERT ON FMCSR 7. BE AN EXPERT ON TRUCKING PRACTICES & PROCEDURES 8. ASSEMBLE YOUR TEAM FAST Page 11 of 23

12 9. MOVE FAST HE WHO HESITATES LOSES THE CASE a. EVIDENCE WILL DISAPPEAR b. GET THE FACTS ASAP INVESTIGATE c. GET THE FACTS FAST DISCOVERY 1. Requests for production 2. Inspection of the premises 3. Inspection of the semi 4. Driver s Qualification File 5. State CDL Manual 6. Driver s medical records 7. Log Books 8. Cell phone records 9. Company safety manual 10. Restraining Orders to Preserve Evidence 11. Thoroughly research the defendants 12. FACEBOOK and social media research on all defendants and all witnesses; d. FMCSR HAVE BUILT IN RULES ON DOCUMENT RETENTION PERMIT THE RAPID DESTRUCTION OF SOMETIMES CRITICALLY IMPORTANT EVIDENCE e. IDENTIFY ALL LAWS/RULES BROKEN f. BAD/NEG ACTS BEGAN YEARS AGO Page 12 of 23

13 g. GET THE BEST EXPERTS ON TEAM h. GET THE BEST LAWYERS ON TEAM i. PRESERVE IMPORTANT EVIDENCE j. IDENTIFY ALL DEFENDANTS k. LOOK FOR SPOLIATION/MOTIONS l. LOOK FOR/CREATE TRIAL EXHIBITS m. A GREAT JURY CONSULTANT n. CONDUCT FOCUS GROUPS EARLY, MIDDLE AND END o. FIND THE STORY OF YOUR CASE 1. Tell the plaintiff s story and losses with other witnesses not with the plaintiff some exceptions to this do exist; p. PLAN THE GOALS FOR EACH DEPO q. WHICH WITNESS WHEN & WHY? r. PLAN THE GOAL FOR EACH EXHIBIT s. WHICH EXHIBIT, WHEN & WHY t. MOCK TRY YOUR CASE AGAIN u. RESEARCH THE COMPANY v. DEMONIZE THE COMPANY IF TRUE w. DO/DON T DEMONIZE DRIVER?? x. RESEARCH ALL DEFENSE EXPERTS y. HOW TO LOSE THE CASE/ISSUE? z. RULES: ALWAYS BE CREDIBLE Page 13 of 23

14 1. Look for defense lack of credibility capitalize on it (Lipstick, Powder & Paint Smoke and Mirrors) Common sense 10. JURY INSTRUCTIONS a. DO THESE FIRST b. KNOW WHAT YOU NEED TO PROVE 1. Prove all you need to prove 2. Who do you need to prove it 3. How are you going to prove it 4. When are you going to prove it 5. Where are you going to prove it 6. How many times should you prove it 7. How many ways should you prove it 8. How many ways can you prove it? 11. CREATE/HAVE CREATED EFFECTIVE STATE OF THE ART AND INTERESTING EXHIBITS THAT ARE SIMPLE AND AID THE JURY AND YOUR WITNESSES 12. MAKE THEIR WITNESSES YOUR WITNESSES a. BE NICE b. BE PROFESSIONAL c. BE THOROUGH d. BE RIGHT (Credibility is King) Page 14 of 23

15 e. CATCH MORE FLIES WITH HONEY f. GET ADMISSIONS g. GET MORE ADMISSIONS h. CAPTURE THEIR LIES ON VIDEO 13. COMPAINT/PETITION a. RAISE ALL CONSTITUTIONAL ISSUES b. PUNITIVE DAMAGES CAPS, ETC. c. FIND & NAME ALL DEFENDANTS 1. Rules regarding amendment 14. NEGLIGENCE PER SE IMPORTANT FMCSR a. FIND OUT AND PLEAD EACH VIOLATION OF THE FMCSR 15. CONSCIOUS DISREGARD, RECKLESSNESS 16. RULES OF THE ROAD 17. USE OF THE REPTILE 18. CREATE & MODIFY LITIGATION GOALS 19. ANTICIPATE & PREPARE FOR MSJ EARLY 20. CREATE DEPOSITION GOALS & PLANS 21. WHEN GETTING NEEDED ADMISSIONS FROM DEFENSE WITNESSES IN DEPOSITIONS (SAVE SOME BULLETS FOR TRIAL) 22. MAKE YOUR CASE AGAINST THE DEFENDANTS WITH THEIR OWN WITNESSES DEVASTATING Page 15 of 23

16 23. ESTABLISH A BASIS FOR THE AWARD OF PUNITIVE DAMAGES AND A REASON FOR THE JURY TO WANT TO AWARD THEM a. CHOICES MADE BY EACH DEFENDANT b. FATIGUE c. MECHANICAL d. DISTRACTION e. SPEED f. VIOLATIONS OF THE FMCSR g. VIOLATIONS OF THE CDL h. GREED, GREED, GREED IF IT IS THERE (Most Usually it is) 24. FIND OUT EARLY ANY FAULT OF THE PLAINTIFF a. CONDUCT REVERSE PLANNING SESSIONS b. CONDUCT FOCUS GROUPS c. Try to minimize d. Bring it out before the defense does - credibility 25. PUNITIVE DAMAGES a. BAD ACTS OF DEFENDANT COMPANY b. ASSETS OF DEFENDANT COMPANY c. DO YOU SUBMIT PUNITIVE DAMAGES OR NOT? d. CONDUCT FOCUS GROUPS 26. MOTIONS IN LIMINE a. BE PREPARED FOR THEIRS Page 16 of 23

17 b. PREPARE YOURS 27. JURY SELECTION a. USE A JURY QUESTIONNAIRE OR NOT? b. ENGAGE THE JURY WITH QUESTIONS AND FRIENDLINESS c. ASK QUESTIONS TELL ME ABOUT THAT d. DON T DISCOURAGE DISCUSSION e. DON T EVER ENGAGE IN AN ARGUMENT WITH A JUROR f. INVITE THE CRAZY PERSON ON THE PANEL TO SPEAK; WHO AGREES WITH ( CRAZY ) PERSON? TELL ME ABOUT THAT g. MAKE THE JURY YOUR JURY, NOT THEIR JURY h. HAVE A SEATING CHART i. LEARN THEIR NAMES j. TREAT THEM LIKE PEOPLE, NOT LIKE NUMBERS ON A PANEL 28. MOTIONS FOR SUMMARY JUDGMENT a. BE PREPARED FOR THEIRS b. PREPARE FOR YOURS c. USE THEIR WITNESSES AS YOUR WITNESSES d. MAKE A VIDEO DEPOSITION PART OF YOUR MOTION, IF THE JSD. PERMITS 29. OPENING STATEMENT a. PREPARE THE OPENING FOR YOUR PARTICULAR JURY Page 17 of 23

18 b. PREPARE IT EARLY AND OFTEN c. PRACTICE IT d. MODIFY IT e. FOCUS GROUP IT f. PERFECT IT g. GRAB THEIR ATTENTION h. BE CONCISE i. BE POWERFUL j. BE ACCURATE k. DON T BE A LAWYER, BE A CARING, CREDIBLE, RESPECTFUL AND HONEST HUMAN BEING l. For Men be a gentleman m. For Women be a SBWM (Southern Belle With Manners) n. BE THE LIGHT OF TRUTH o. BE THE SOLUTION p. APPEAL TO THE SUBCONSCIOUS MIND q. JURORS OFTEN DECIDE CASES BASED UPON PHILOSOPHIES, NOT UPON FACTS 30. RE-DIRECT EXAMINATION a. PREPARE IT EARLY b. HAVE A FILE FOR IT c. PLAN FOR IT Page 18 of 23

19 d. PERFECT IT 31. CROSS EXAMINATION a. PREPARE IT EARLY b. PLAN FOR IT c. PERFECT IT d. GRAB THEIR ATTENTION e. BE CONCISE f. BE POWERFUL g. BE ACCURATE h. DON T BE A LAWYER, BE A CARING, CREDIBLE, RESPECTFUL AND HONEST HUMAN BEING i. BE THE LIGHT OF TRUTH j. BE THE SOLUTION k. PRACTICE IT l. MODIFY IT m. FOCUS GROUP IT 32. JURY CONSULTANTS a. GET THEM INVOLVED EARLY b. FOCUS GROUP EARLY AND OFTEN c. CONCEPT FOCUS GROUPS d. ONLINE FOCUS GROUPS e. MOCK TRIAL(S) Page 19 of 23

20 f. DESIGN VOIR DIRE QUESTIONS g. DESIGN JURY QUESTIONNAIRES h. OBSERVE VOIR DIRE i. ASSIST IN DECISIONS ON STRIKES j. SIT IN TRIAL k. ADVISE ON STATUS l. ADVISE ON NEEDED ADJUSTMENTS 33. SHADOW JURIES a. USE THEM b. CHECK IN WITH THEM c. LISTEN TO THEM d. MAKE NECESSARY ADJUSTMENTS 34. REBUTTAL EXPERTS/WITNESSES a. PREPARE IT EARLY b. HAVE A FILE FOR IT c. PLAN FOR IT d. KNOW THE LAW IN YOUR JSD 35. FINANCIAL CONSULTANTS/SETTLEMENT PROFESSIONAL SETTLEMENT PLANNERS a. GET THEM INVOLVED WITH YOUR CLIENT EARLY ON b. HELP TO IDENTIFY GOALS FOR CLIENT c. HELP YOU TO AVOID MALPRACTICE Page 20 of 23

21 d. Medicare Set Asides e. Liens 36. CLOSING ARGUMENT a. PREPARE IT EARLY b. HAVE A FILE FOR IT c. PLAN FOR IT d. PER DIEM? e. KNOW THE LAW IN YOUR JSD f. PREPARE IT EARLY AND OFTEN g. PRACTICE IT h. MODIFY IT i. FOCUS GROUP IT j. PERFECT IT k. GRAB THEIR ATTENTION l. BE CONCISE m. BE POWERFUL n. BE ACCURATE o. DON T BE A LAWYER, BE A CARING, CREDIBLE, RESPECTFUL AND HONEST HUMAN BEING p. BE THE LIGHT OF TRUTH q. BE THE SOLUTION r. ADJUST THE CLOSING TO YOUR AUDIENCE Page 21 of 23

22 s. APPEAL TO THE SUBCONSCIOUS MIND t. JURORS OFTEN DECIDE CASES BASED UPON PHILOSOPHIES, NOT UPON FACTS u. Prepare for the 2d half of Closing Anticipate the Defense Closing and Obliterate It In the 2d Half of Closing 37. APPEALS a. PLAN FOR IT EARLY b. KNOW THE LAW IN YOUR JURISDICTION c. UTILIZE SERVICES OF APPELLATE LAWYER AT, AND BEFORE, TRIAL CONCLUSION: It was my litigation plan in this article to provide you with a broad overview of some brief and general suggestions to consider in an interstate trucking litigation plan, and to outline some areas for each of you to consider utilizing as a part of your litigation plan as you start on the journey of your case. If interstate trucking litigation is unfamiliar territory to you, just like environmental law or trusts would be unfamiliar to me, it is nothing to be ashamed of. However, in that case you must recognize that you and your client might be best served by bringing in an expert cocounsel lawyer guide early to help you and to take the enormous burden of time off of your shoulders either completely, or in part. If bringing in co-counsel to help you with these complex and time consuming cases is your decision, you want to do that before depositions are taken, before mistakes are made, and before malpractice is committed. By doing so, you will enhance the ultimate recovery of both yourself and your client, and you will go a long way to Page 22 of 23

23 making our roads safer from unsafe and illegally operating trucking companies. They kill or injure thousands of people each and every year. Such a crash almost killed me and my mother. But that is a story for another day. Respectfully submitted, Dan Ramsdell, Esq. Ramsdell Law Firm, LLC End doc Page 23 of 23