Although each negligent security case may bring about different facts or require ingenuity with your strategy, there are certain elements of your case that remain constant. One of those elements is crime statistics. The importance of crime statistics in your case cannot be stated enough. Not only do these statistics help establish notice and foreseeability to the defendants, they are also a treasure trove of information.
With respect to notice and foreseeability, your crime statistics establish what the defendants “knew or should have known” prior to and at the time of subject incident. So what should you request? You begin by requesting the calls for service and all police reports for the subject property. This needs to be done in one request. From there, depending on your jurisdiction, you will order up to a mile radius for the calls for service. Once you receive each respective request, you must synthesize the data. For example, you will detail the violent and non-violent crimes and their frequency on the property. This provides a picture of what type of crime was going on at the property. It provides you with the ability to illustrate to the jury the level of crime occurring and can be used effectively to show that it is an improbability for a defendant to be unaware of the police being called to the property.
In this article, The Haggard Law Firm’s Jason Brenner discusses a variety of topics including why trial attorneys should always employ a philosophy that every case should be prepared to go to trial. He says it is a mindset that many trial attorneys don’t employ.
Brenner is part of the team that recently obtained a $12 million verdict in a wrongful death, negligent security case following a 5 day trial (click to learn more about the case). Click here to learn more about the case
The Truth I Never Knew about Direct and Cross-Examinations
Entering the legal field with the desire to become a trial attorney is a daunting endeavor. There is only one place where a young lawyer can establish himself or herself as a trial attorney—in the courtroom. Trial practice has almost become a misnomer in today’s world. The firm where I have been privileged to practice is made up of an endangered species of the trial attorney. I revel in the “war stories” about them trying a case on Monday and preparing for the next one on Friday. Nowadays, the majority of time spent in court is in motion practice.
The current status of trial practice creates an interesting conflict for young, aspiring attorneys in their attempt to develop trial skills. In the almost six years I have been practicing, I have been trial support on two civil jury trials and second chair on an additional two. The first trial in which I participated as second chair was a stroke of fortune and an eye-opening experience. Once I was in the courtroom in this role, I understood the purpose and importance of direct and cross-examination, but, most important, I understood the difference between direct and cross-examination in discovery and at trial. The primary focus of this article is to illustrate the principles of direct and cross-examination that have been taught to me.
During the Florida Justice Association Convention in St Pete Beach Florida yesterday, The Haggard Law Firm’s Todd Michaels lead a seminar discussing opening statements. His lecture, ‘Closing the Deal in Opening’ was part of FJA’s Advanced Trial Skills program.
A lot has changed in a year!!! As most of you know, I have Polycystic Kidney Disease (PKD) and have been diagnosed since my early 30’s. It always came as a surprise to someone when I told them I had a genetic, life-threatening and incurable disease because I was fortunate and did not suffer debilitating effects. My only symptom was inevitable and total renal failure!!! So a couple of years ago, I went on the over 100,000 person national kidney waiting list…..I had no chance of getting a kidney before going on dialysis!
Due to God’s grace, my prayers were answered and my brother-in-law, Major Allen Buckhalt (US Army Blackhawk Pilot and Iraq/Afghanistan war veteran) was a match!! Exactly six months ago today, Allen saved my life with the gift of life. I am 100% back to normal and my kidney function is better than most people…..It is a miracle and really should not be because living donation should be much more common!! In fact, Allen is not only back to 100%, but unfortunately, he is so healthy, the army is deploying him again to Kuwait in August. He is my hero and should be yours on so many levels!!!
That brings us to this year’s 7TH ANNUAL PKD KIDNEY CASINO FOR A CURE!!!! This is going to be the best event ever!!! This year our event will be held on May 5, 2016, from 7:00 p.m.-11:00 p.m. This year will be a Cinco de Mayo celebration in celebration of not only my successful transplant but several other special guests who have been given the GIFT OF LIFE!!!! We are back at the Coral Gables Museum, once again taking over the beautiful Loggia and Terrace spaces. It is going to be a great celebration and fundraiser for a Cure for PKD!! Bekki and I have funded several PKD research grants over the years, but with your help over the past decade, we have raised an additional $400,000 which has funded multiple PKD research projects!!! We will find a cure for PKD in my lifetime!!! I have been given a Second Chance at Life and I will not waste it……I know you will help us with our goal. Many of you have donated in the past and we desperately need your help again!!! Please do what you did last year or if you possibly can—-DO EVEN MORE!!! We want all of you to come to the event, but if you cannot please look at the sponsorship levels and consider being there in spirit with us!!!
As most of you also know the curse of this disease is also the blessing!! It is genetic…….Both Maddie and Carson each have a 50% chance of inheriting this disease……and as you can imagine that “haunts” me each night! But even if you told me tomorrow Maddie and Carson were in the clear, we would never stop fighting this fight. All you have to do is see the devastating effects of PKD on families. I have lost my maternal grandmother, uncle, and mother to this disease and I intend on beating it out of existence! Because it is genetic we have made advances that have never been accomplished in other disease research—-because we can isolate the Gene!!!!
This year’s event will also center around Living Donation!!! While we will find a cure at some point soon, each person with PKD that has gone too far down the road deserves a healthy life via kidney transplant. Bekki and I have funded a Living Donor Coordinator position at Tampa General Hospital where I had my kidney transplant operation. We intend on spreading the word and increasing living donations throughout this Country!!! Please help us with your attendance at the event and thru financial donations to make this a reality!!!
I cannot thank each of you enough for your past support and hope that you will continue to support our efforts this year. If you cannot join us on Friday, May, 5, you can still donate to our cause. NO donation is too small. Checks should be made payable to the PKD Foundation and can be mailed directly to The Haggard Law Firm, 330 Alhambra Circle, Coral Gables, FL 33134. ATTN: Susie Acosta. The attached document also allows you to RSVP, sponsor a table, purchase tickets or donate directly to the PKD Foundation. The Kidney Casino Night is live on the PKD Foundation’s website so you can RSVP and register online using a credit card!!
MEDIA CONFERENCE: Documentary Filmmaker Rob Stewart’s Death was a ‘Preventable Tragedy,’ Family Filing Lawsuit Tuesday
Family Set To Speak During Media Conference Tuesday Morning
Coral Gables, Florida – The family of Canadian conservationist and documentary film producer Rob Stewart, whose body was found off the coast of Islamorada on February 3, is filing a lawsuit against several businesses and people involved in his fatal dive. The Stewart family hopes the legal action will push out and/or change the ways of all irresponsibly operating diving businesses and help keep attention on Stewart’s mission of ocean conservation. The family is set to speak at a media conference, to be held Tuesday, March 28 at 10:45 AM at The Haggard Law Firm, 330 Alhambra Circle, Coral Gables, FL 33134.
Among the defendants in the case is the company Add Helium, which is owned by Peter Sotis, who is also named in the lawsuit. The Ft. Lauderdale-based company was in charge of the dive and sold the equipment utilized by the divers. Sotis has a checkered past. He is a convicted felon, is under investigation for utilizing unapproved Chinese air tanks as detailed in a Miami Herald article (click to readHerald article), and has been accused of selling military-grade scuba equipment to a Libyan militant.
Last Friday Haggard Law Firm Senior Partner William Andrew Haggard was the Keynote Speaker at the Mercer Law School’s Law Day Celebration. Haggard was also one of the judges for the School’s Hugh Lawson Moot Court Competition which features first-year students and helps expose competitors to moot court practice and procedure before trying out for Mercer’s Nationally recognized Moot Court team.
‘Andy’ Haggard received his J.D. from Mercer Law in 1967. He is a current member of the Mercer University Board of Trustees. To learn more about Mr. Haggard click here to read his bio
The Mercer University Walter F. George School of Law is one of the oldest law schools in the country. The Woodruff Curriculum, Mercer Law School’s model curriculum, focuses on ethics and practical skills. It was honored with the Gambrell Professionalism Award from the American Bar Association for its “depth and excellence” and “obvious commitment to professionalism.”
For more information on the Law Day event Click here: http://law.mercer.edu/about/news/law-day-lawson-2017.cfm#.WNlUWfnyvct
The Haggard Law Firm’s Todd Michaels will be the featured Guest Speaker for the upcoming Broward County Trial Lawyers Association scheduled for Tuesday, April 4th. Michaels’ topic of discussion “Trying Negligent Security Cases in Florida”.
The Haggard Law Firm’s involvement with the Southern Trial Lawyers Association was on full display this past week and over the weekend during the STLA Conference in New Orleans.
Managing Partner, Michael Haggard was a featured presenter at the conference delivering a speech on Security. Our own Christopher Marlowe, a current STLA Board Member attended board meetings and former STLA Warhorse recipient, Andy Haggard was also in attendance at this weekend’s conference.
The Haggard Law Firm’s Managing Partner Michael Haggard and Partner Todd Michaels will be among the presenters at this year’s Workhorse CLE Seminar presented by the Florida Justice Association. The event will be held in Orlando between February 28th and March 3rd.
Haggard’s will deliver his presentation,Proof and Argument of Liability in “Negligent Security” Cases, during the premises liability portion of the event onMarch 1st.
Michaels’ presentation, Daubert and the Non-Scientific Witness, will be given during the evening session on Tuesday, February 28th.
