Pers.Inj.01 Introduction
[1] Summary of Personal Injury Law
[2] Organization of This Work
[3] References to Other Deposition Strategy Books
[4] Use of Forms
Pers.Inj.02 Preparation of Counsel
[1]--Laying the Groundwork for the Deposition
[a]--Creating a Chronology and Document List
[b]--Joint Discovery Plan
[c]--Using Written Discovery to Prepare for a Deposition
[i]--Strategies for the Use of Written Discovery
[ii]--Examples of Written Discovery
[A]--Written Discovery in a Product Liability Case:
Tire Defect
[B]--Written Discovery in a Product Liability Case:
Aircraft - Helicopter
[C]--Definitions in Written Discovery
[D]--Instructions in Written Discovery
[E]--Written Discovery and the Expert Witness
[d]--Deposition Notice and Subpoena
[e]--Deposing a Corporate Representative
[f]--Deposition Conduct Order
[i]--Motion for Deposition Conduct Order
[ii]--Order Granting Motion for Deposition Conduct Order
[g]--Protective Orders: Confidential Information
[i]--Motion for Protective Order
[ii]--Protective Order
[iii]--Exhibit A
[2]--Discovery of Electronically Stored Information
[a]--Computer Terms and Data Source
[b]--Discovery of Electronically Stored Information
[i]--Federal Rules: Discovery of Digital Information
[ii]--State Law Example: Texas Rules on the Discovery of
Digital Information
[iii]--Checklists - ESI Locations and Procedures
[c]--Electronic Evidence Checklist
[d]--Sample Preservation Letter To Client
[e]--Sample Interrogatories
[f]--Deposition Notice
[g]--Order on Production and Examination of Electronic Data
[h]--Questions for Deposition of Custodian of Electronic Records
[i]--Direct Examination of Forensic Computer Expert
[j]--Cross-Examination of Forensic Computer Expert
[k]--Use and Admissibility of Electronically Stored Evidence
[i]--Authentication (See, e.g., TEX.R.EVID. 901(b)(4))
[ii]--Hearsay
[iii]--Best Evidence Rule
[l]--Metadata Mining and Its Ethical Implications
[m]--Sanctions for Abuse of Discovery Process
[i]--Spoliation and Electronic Evidence
[ii]--Sanctions for Spoliation of Evidence
[iii]--Restoring Data
[n]--Privacy and Electronic Data
[o]--Forensic Expert
[p]--Additional Cases and Other Authorities
[i]--Etzion v. Etzion, 796 N.Y.S.2d 844 (N.Y. App. Div. 2005)
[ii]--State v. M.A., 954 A.2d 503 (N.J. Super. Ct. App.Div. 2008)
[q]--Other Research Sources
[3]--Technical Issues
[a]--Learning the Science
[b]--Consulting with Experts
[4]--Substantive Tort Principles
[a]--Duties in Tort Law
[b]--Causation
[c]--Defenses
[d]--Vicarious Liability
[e]--Damages
[f]--Evidence
[5]--Miscellaneous Categories of Counsel Preparation
Pers.Inj.03 Preparing the Deponent
[1] The Natures of the Parties
[2] The Nature of Counsel
[3] Preparing the Witness-The Psychology of Effective Witness Preparation
Pers.Inj.04 The Deposition
[1]--Multi-Focus Nature
[2]--Credibility
[a]--In General
[b]--Identifying the Deceitful Witness
[3]-- Plaintiff's Medical History
[4]--Cross-Claims and Third-Party Actions
[5]--Searching for Non-Party Witnesses
[6]--Miscellaneous Examination Techniques
[7]--Expert Testimony
[8]--Objections
[9]--Exhibits
[10]--Reading and Signing the Deposition
[11]--Filing the Deposition Transcript
[12]-- Deposition's Use in Court
[13]-- Deponent's Non-Appearance or Failure to Testify
[14]--Technology and Depositions
[a]--Electronic Storage and Retrieval
[b]--Videotaped Depositions
[15]--Discovery Involving Foreign Witness and Documents
[a]--Determining the Method to Use
[b]--The Hague Convention: Letter of Request
[c]--The Hague Convention: Diplomatic Official, Consular
Agent or Commissioner
[d]--Letter Rogatory
Pers.Inj.05 Check-List: Comprehensive Outline for a Deposition Examination
Pers.Inj.06[A] Common Elements in Personal Injury Depositions
[1]--Identification of Parties
FORM NO. 1: Identification of Corporate Structure
--Examination of Defendant concerning
Corporate Interrelationships
FORM NO. 2: Identification of Corporate Structure
--Examination of Defendant concerning Taxi
Cab Ownership
FORM NO. 2A: Successor Corporation--Examination of
Corporate Representative
FORM NO. 2B: The Alter Ego of a Corporation
("Piercing the Corporate Veil")
[2]--Background of Witness
FORM NO. 3: Development of Witness's Background
[3]--Plaintiff's Medical History
[a]--Generally
[b]--Relationship of Discovery and Injury Claimed
[c]--Conduct of the Deposition
[d]--Use of Prior Claimed Injury
[e]--Examination of Defendant by Plaintiff's Counsel
FORM NO. 4: Examination of Plaintiff concerning
Medical History
FORM NO. 5: Examination of Plaintiff concerning Alleged
Aggravation of Illness
Pers.Inj.06[B] Common Elements in Personal Injury Depositions
[4]--Documentary Evidence
FORM NO. 6: Action Seeking Recovery of Business Losses
from Personal Injury
--Examination of Plaintiff
FORM NO. 7: Action for Electrical Injuries
--Examination of Defendant
[5]--Admissions
FORM NO. 8: Injury Caused by Overdosage of Prescribed
Medication--Examination of Defendant
Pharmacist
[6]--[Reserved]
FORM NOS. 9-10: [Reserved]
Pers.Inj.06[C] Common Elements in Personal Injury Depositions
[7]--Expert Witnesses
[a]--Locating and Selecting an Expert
[i]--Locating an Expert
[ii]--Selecting an Expert
[b]--Working with and Deposing the Expert Witnesses
[i]--General Guidelines for Working with the Expert
[ii]--The Expert's Report
[c]--Expert Depositions
[i]--Presenting the Expert
[ii]--Rehabilitating Your Expert
[iii]--Cross-Examining the Opposing Expert
[iv]--Examples of Expert Depositions
FORM NO. 11: Injury to Elbow--Examination of Plaintiff's
Orthopedic Expert
FORM NO. 12: Injury to Elbow--Cross-Examination of
Plaintiff's Orthopedic Expert
FORM NO. 13: Exploding Beverage Bottle--Examination of
Plaintiff's Plastic Surgeon
FORM NO. 14: Automobile Accident--Examination of
Plaintiff's Psychiatric Expert
[i]--Cause and Origin Experts--Introduction
FORM NO. 14A: Examination of Cause and Origin Expert
FORM NO 14B: Vehicular Fire--Fire Expert's Report
[ii]--Regulatory Standards--Examination of Former Government Regulator--Introduction
FORM NO 14C: Airbag Deployment--Examination of Former Government Regulator
Pers.Inj.06[D] Common Elements in Personal Injury Depositions
[8]--Damages
[a]--Generally
[b]--Injuries Suffered
FORM NO. 15 Automobile Accident--Examination of
Plaintiff
FORM NO. 16: Automobile Accident--Examination of
Minor Plaintiff
FORM NO. 17: Automobile Accident--Examination of
Non-Party Treating Physician
FORM NO. 18: Slip and Fall--Examination of Plaintiff
[c]--Mental Pain, Anguish and Suffering
[d]--Employment Disability
FORM NO. 19: Examination of Plaintiff Employee
concerning Alleged Loss of Earnings
FORM NO. 20: Examination of Plaintiff concerning Alleged
Loss of Earnings
FORM NO. 21: Examination of Manager of Plaintiff's
Former Employer concerning Plaintiff's
Alleged Loss of Earnings
[e]--Special Damages
[f]--Loss of Consortium
[g]--Wrongful Death and Survival Claims
FORM NO. 22: Wrongful Death--Examination of Plaintiff
Husband
FORM NO. 23: Wrongful Death of Elderly Woman Caused
by Defective Gas Main Explosion
--Examination of Plaintiff Son
[h]--Attorney's Fees
FORM NO. 23A: Action for Recovery of Attorney's Fees and
Case Expenses/Costs--Examination of
Plaintiff's Attorney
FORM NO. 23B: [Reserved]
[i]--Punitive Damages
FORM NOS. 23C-E: [Reserved]
FORM NO. 23F: Punitive Damages
FORM NOS. 23G-H: [Reserved]
[j]--Miscellaneous Damages Issues
FORM NO. 23I: Mitigation of Damages--Examination of
Petitioner
FORM NOS. 23J-M: [Reserved]
Pers.Inj.06[E] Common Elements in Personal Injury Depositions
[9]--Miscellaneous Common Elements
[a]--Spoliation of Evidence
FORM NO. 23N: Action for "Slip and Fall"--Examination of
Plaintiff regarding Defendant's Spoliation of
Accident Scene Photographs
FORM NO. 23O: Additional Spoliation Questions When Deposing
the Alleged Spoliator
[b]--Impeachment
[i]--Bias
[ii]--Inconsistent Statements or Silence
[iii]--Inconsistent Action
[iv]--Character
[A] --Admission of character evidence, generally
[B] --General character for truthfulness
[C] --Criminal conviction
[D]--Methods of proving character
[E]--Example character questions
[v]--Religious Beliefs or Opinions
[vi]--Physical and Mental Competency
[vii]--Interference with the Witnesses' Perception
[viii] --General Strategies for Impeaching a Witness
[c]--Limitations of Actions
FORM NO. 23P: Limitations of Actions--Examination of
Petitioner
[d]--Other Similar Incidents
FORM NO. 23Q: Other Similar Incidents
Pers.Inj.07 Motor Vehicles
[1]--Introduction
[2]--Generic Automobile Accidents
FORM NO. 24: Automobile Accidents--Generic Questions
FORM NO. 25: Automobile Accidents--Road Construction or
Hazard
[3]--Post-Accident Events
FORM NO. 26: Automobile Accidents--Pedestrians
[4]--Intersection Accidents
FORM NO. 27: Accident at Intersection--Examination of
Plaintiff
FORM NOS. 28-33: [Reserved]
[7]--Railroads
FORM NO. 34: Railroad Grade Crossing Accident
--Examination of Plaintiff's Safety Expert
[8]--Experts in Motor Vehicle Cases
[a]--Deposing Experts on Vehicle Design, Manufacture and Warnings
[i]--Vehicle Defects
[ii]--Locating General Information on Crashworthiness
Issues and Experts
[iii]--The Vehicle Expert's Investigation and Formation of
Opinions
[iv]--Deposing the Expert on Vehicle Design, Manufacturing,
and Marketing Defects
[b]--Selection and Use of an Expert in Motor Vehicle Cases
[i]--Accident Reconstruction
[ii]--Occupant Kinematics
[iii]--Biomechanics
[iv]--Safety and Design Engineering
[v]--Materials and Failure Analysis
[vi]--Human Factors
[vii]--Fire
[viii]--Medical
[ix]--Economist
[c]--Biomechanical Experts
FORM NO. 34A: Examination of the Biomechanical Expert
[i]--Motion to Exclude the Biomechanical Expert
[d]--Accident Reconstruction
FORM NO. 34B: Re-Constructing the Accident
[e]--Vehicle Design
FORM NO. 34C: The Vehicle's Design--Airbags
FORM NO. 34D: The Vehicle's Design--Buses
Pers.Inj.08 Premises Liability
[1] Introduction
[2] Ownership and Control-Examination of Defendant Property Owner
FORM NO. 35: Lawn Mower Injury—Examination of
Defendant Property Owner
Form No. 36: Assault on Tenant -Examination of Building Superintendent Concerning Condition of Premises
[3] Business Premises
Form No. 37: Fall in Supermarket-Examination of Employee of Defendant
Form No. 38: Slip and Fall in Icy Parking Lot of Retail Establishment-Examination of Plaintiff
Form No. 39: Injury to Construction Worker on Job Site-Examination of Plaintiff
Form No. 40: Fall at Bowling Alley-Examination of Plaintiff
[4] Hotels and Motels
Form No. 41: Fall at Resort-Examination of Plaintiff
[5] Sidewalks
Form No. 42: Fall on Sidewalk-Examination of Plaintiff
Form No. 43: Fall on Ice-Examination of Custodial Employee of Defendant
[6] Apartment Dwellings
[a] Defective Appliances
Form No. 44: Refrigerator Fire-Examination of Tenant
Form No. 45: Stove Explosion-Examination of Plaintiff
[b] Assault on Tenant
Form No. 46: Assault on Tenant By Stranger-Examination of Plaintiff
[7] Animals
Form No. 47: Dog Bite-Examination of Defendant Dog Owner
Form No. 48: Motorcycle Collision with Dog-Examination of Defendant Dog Owner
FORM NO. 48.1: Action by Employee of Independent
Contractor against General Contractor
for Negligent Supervision--Examination of
Plaintiff
Pers.Inj.09 Miscellaneous Torts
[1]--Introduction
[2]--Intentional Torts
[a]--False Imprisonment
FORM NO. 49: Action for False Imprisonment for
Customer's Detention in Department
Store--Examination of Plaintiff
[b]--Infliction of Emotional Distress
FORM NO. 50: Action for Infliction of Emotional
Distress--Examination of Plaintiff
[c]--Invasion of Privacy
FORM NO. 51: Action for Invasion of Privacy
--Examination of Plaintiff
[d]--Abuse of Process
FORM NO. 51A: Action for Abuse of Process--Examination
of Plaintiff
[e]--Malicious Prosecution
FORM NO. 51B: Action for Malicious Prosecution--
Examination of Plaintiff
[f]--Stalking
FORM NO. 51C: Action for Stalking--Examination of
Plaintiff
[g]--False Arrest
FORM NO. 51D: Action for False Arrest--Examination of
Plaintiff
[3]--Municipal Liability
FORM NO. 52: Action for Injury Sustained during Police
Chase--Examination of Chief of Police
[4]--Transmission of Venereal Disease
FORM NO. 53: Action for Venereal Disease Transmission--
Examination of Plaintiff
[5]--Aircraft
FORM NO. 54: Helicopter Crash--Examination of FAA Flight
Service Station Specialist
[6]--Ships
FORM NO. 55: Slip and Fall on Board Ship
--Examination of Captain
FORM NO. 56: Slip and Fall on Board Ship
--Examination of Ship's Nurse
FORM NO. 57: Slip and Fall on Board Ship
--Examination of Ship's Engineer
[7]--Good Samaritans
FORM NO. 58: Action against the "Good Samaritan" for
Negligently Rendering a Service--Examination
of Plaintiff
FORM NOS. 59–65: [Reserved]
Pers.Inj.10 Negligence and Product Liability - Generally
[1]-- Introduction
[2]-- Component Supplier
[a]-- Introduction
[b]-- Component Part Manufacturing Terminology
[c]-- The Liability of Component Part Suppliers
[i]-- The Defective Component
[ii]-- The Nondefective Component
[iii]-- The Component Supplier's Duty to Warn
[iv]-- The Component Supplier's Knowledge That the Final Design Will Be Unreasonably Dangerous
[v]-- The Component Supplier's "Substantial Participation" in the Final Product's Design
[vi]-- Persuading the Fact Finder
Form No. 66: Action against a Parent for the Minor Child's Conduct: Automobile Accident -Examination of the Defendant Parent
Form No. 67-97: [Reserved]
Pers.Inj.11 Imputed Liability
[1]-- Introduction
[2]-- Tort Action Against Parent for Minor Child's Conduct
FORM NO. 98: Action against a Parent for the Minor Child's Conduct: Automobile Accident - Examination of the Defendant Parent
FORM NOS. 100-110: [Reserved]
Pers.Inj.12 Defenses
[1]-- Introduction
[2]-- Parental Immunity
Form No. 111: Action against a Parent by Minor Child-Examination of the Defendant Parent
Index
