Schedule/Sessions
Session 1 - The Changing Landscape of Jury Trials and Verdicts in Philadelphia (and everywhere else)
- Speakers:
Theodore Schaer, Zarwin, Baum, DeVito, Kaplan, Schaer & Toddy
The damage landscape for large loss catastrophic injury cases is changing rapidly. Escalation in jury verdicts is profound. Cases that were once valued in the $3.0-$5.0 range are now eight figure verdicts. Whether the cause of these nuclear verdicts is social inflation, changing jury pools, enhanced damage models and techniques from the plaintiff bar or a myriad of other factors the results can not be argued with. As a result of the publicity surrounding these eye-popping verdicts, claim professionals and defense counsel are now seeing “nuclear settlements”. To properly evaluate the claim, industry professionals must utilize data research tools to understand their exposure. Defense counsel need to consider using mock trials, digital mock exercises before mediation and trial to evaluate their defenses and understand the potential exposure. At trial, use of shadow juries will provide more insight to the claims professional as to whether the jury is accepting the defenses and the defense damage position or whether the verdict is a runaway train.
Back to topSession 2 - Immediate Response and Accident Investigation: Why It Matters
- Speakers:
Joseph R. Fowler, Fowler Hirtzel McNulty & Spaulding, LLC
Liz Loperfido, Gallagher Bassett
Gracemarie Mende, Arch Insurance Group Inc.
Post-accident investigation is vital in catastrophic accidents. When post-accident procedures are in place and investigation is immediately conducted, critical information is preserved, spoliation is avoided, and a company is in a position to have an early decision point. An accident investigation response can include the retention of reconstructionist experts, analyzing data that can range from the vehicle, infotainment and telematics and preparing strategic responses. This presentation elaborates on the procedures, investigation, strategies and the value of retaining an attorney.
Back to topSession 3 - Legal and Practical Conflicts of Interest in Transportation Cases
- Speakers:
Jim Foster, Cassiday Schade LLP
Justin Kaszuba, Cassiday Schade LLP
Session 4 - Keep on Trucking: Prepping the Witness for the Reptile Theory
- Speakers:
Edward Leonard, Tyson & Mendes LLP
Dive right in to learn about the importance of preparing witnesses for Reptile Theory attacks in deposition – especially in trucking and transportation cases. The Reptile Theory is a pernicious plaintiffs’ tactic helping stir up juror anger in the hope of securing a Nuclear Verdict®. What happens in deposition will have an impact on trial, and claims professionals and their counsel should be prepared for the onslaught of unsavory tactics plaintiffs’ counsel will use there, and how that may impact the trial moving forward. Fortunately, preparing the witness can significantly improve trial outcomes and reduce the efficacy of plaintiffs’ Reptile traps.
Back to topSession 5 - After the Crash: Spoliation Proofing Digital Evidence
- Speakers:
Lars Daniel, Envista Forensics
Nancy Grugle, Exigent Group
The role that distraction plays in a vehicle crash is a complex issue that requires experts with specialized knowledge and expertise in the areas of human factors and digital evidence. Digital evidence is volatile and fragile, so it's essential to preserve data as soon as possible after a motor vehicle accident. With so many claims based upon alleged driver distraction from mobile phones and other electronic devices, failure to collect this evidence correctly and quickly can lead to accusations of spoliation. This session will explain how a company can best prepare for the worst-case scenario, including educating drivers on what to do after an accident, creating a risk manager's speed dial list for rapid response, and implementing protocols for drivers and first responders to handle the digital evidence properly. Learn more about human factors investigations of distracted driving crashes and how combining these disciplines allows for a digital forensics expert to determine details about driver distraction.
Back to topSession 6 - Who’s Driving Now: Autonomous Vehicle Liability and Coverage Issues
- Speakers:
Bert Dizon, Cardinal Captive Strategies
Nicholas Sulpizio, Ricci Tyrrell Johnson & Grey
Kenneth Williams, Segal McCambridge
Litigation surrounding automobiles also will shift. The large percentage of civil litigation centered on automobile negligence will shift to high stakes litigation around product liability for design, manufacturing, or warning defects by OEMs. Instead of a single individual being hauled into court, OEMs with deeper pockets and higher risk exposure.
