“So?”

“I have a friend in Sacramento who faced her six times while he was there. She has never done anything but TA’s, workman’s comp and medical malpractice, the normal tort stuff. She isn’t good at it, she is deadly vicious. She makes a first offer early in the game. It’s usually an informal, “you better start thinking about at least” and she gives you a figure. You will never see it on paper, it will be verbal. She wants you to give a figure. He told me that if she comes up with that kind of number, go to the client and tell them to settle for that quick before the number goes up.”

“Why?”

“Well, of the six cases he opposed her, the first five went to trial and it cost the client more than her first offer.  She somehow convinces the jury what is being asked is not enough without saying it. One jury doubled the request. On the other case he held out for three weeks and the number went up. Some damaging items came out that indicated they better settle out of court, it cost the client about thirty percent more.”

“Well she did give me an impossible figure today.”

“How much?

“Four hundred each.”

“And you said?”

“Your numbers are way too high.”

“How do you figure this is too much?”

“Well.”

“Let me give it to you straight. I have a friend who plays that side of the fence, you know, chases ambulances. I called him and asked if he took the case how much would he be looking for. He told me at the least a hundred million each.”

“See, I told you she was way high.”

“You don’t understand. He told me he thought he could get a hundred million for his fee, the settlement is three hundred million.”

“Together?”

“No. Each. He may be a little high but let me be candid, I don’t expect to get us under two hundred fifty.”

“The good news is that the studio does not have responsibility for this.”

“Can you be sure. Everyone is trying to prove that. Ms Blair will be looking to prove the opposite. She is good at finding something amiss. She is good at implicating someone with deep pockets and the studio fits that, both in insurance coverage and the assets. If it is what her clients deserve she would not flinch at taking the studio to bankruptcy.”

“We have been thorough on this.”

“Like you were in assessing your opponent?”

“Well.”

“I need the medical files and I need a doctor who knows burns. Can you arrange to have one come in and we will talk?”

“Sure.”

“I don’t want the studio staff doctor. I want someone who is objective, possibly someone who works in a burn unit. I will do lunch with him at the burn unit if that is necessary. I want a set of medical files to carry.”

“Will get them,”

“And Harry over there, the little guy that looks like a geek, give him the earnings information on the two injured people. I have worked with him before.  I think he somehow has a spy in the other attorney’s office. He comes out almost to the penny on lost earnings and medical costs on what the plaintiff is looking for.”

“Will do.”

“And I want to talk to the engineering people. I want them to make a list of anything that might be remotely questioned. Then I want to talk to the guy who ran the ride and the studio engineer.”

“Sure. I can get them in here.”

“Please understand me, I want to talk to them. I don’t trust any interviews someone else did. I will not be the scapegoat if this goes bad and it is someone else’s fault. Let me assure you if that happens I know how to shift blame.”

Jan Chapter 11: Amanda Checks Out the Opposition Mar 6, 2008

Jan Chapter 09: Evidence Clears the Equipment Mar 6, 2008

Jan Chapter 01: School Days Mar 6, 2008