136 – Natalie Arledge – Can You Be a Successful Trial Lawyer Without Being a Sh*tty Parent?

Although technology has improved our quality of life, there are negative consequences, such as the increase in automobile and truck accidents stemming from distracted driving.

Despite the benefits of GPS tracking, specialized brake systems, and virtual logging of hours, there have been issues with falsified data, unassigned drive time, and “phantom drivers” in the trucking industry.

Fortunately, telematics has helped mitigate some of these problems by providing real-time notifications and useful data. However, the proliferation of apps and systems has also increased distractions for drivers, leading to safety risks.

In this episode of Trial Lawyer Nation, Malorie J. Peacock, Partner at Cowen Rodriguez Peacock, and host Michael Cowen discuss the intersection of technology and driving. They examine the pros and cons of technology on the road, how it affects truck drivers, and how telematics data can assist lawyers in automobile and trucking cases.

Featured Guest

Name: Malorie J. Peacock

About: Malorie J. Peacock is a Partner at Cowen Rodriguez Peacock. She was born and raised in San Antonio, Texas and received her J.D. from the University of Houston Law Center. During her time with Cowen Rodriguez Peacock, Malorie has worked on numerous commercial vehicle, trucking, and wrongful death cases. Malorie brings close attention to detail, commitment to finding safety issues and areas of neglect, continued utilization of technology and cutting-edge visuals in cases, along with a sincere passion to help those who have been hurt, to each and every case.

Company: Cowen Rodriguez Peacock 

Connect: LinkedIn

Episode Highlights 

[2:40] Electronic systems for the road: Malorie provides an overview of the technology available in modern vehicles.

[4:40] Electronic logging devices: In the past, truck drivers would record their hours of service on paper. However, this approach became fully digitized a few years ago and now involves GPS data. Despite its benefits, there are also drawbacks associated with this system.

[7:54] Cheating the system: Despite their apparent reliability, electronic logging devices can be manipulated by truck drivers to falsify their driving hours.

[12:30] A problem of perverse incentives: The trucking industry faces a significant issue with the fabrication of logs, as it benefits both truck drivers and trucking companies.

[14:58] The benefits of telematics: Electronic systems equipped with GPS tracking, known as telematics, can collect and transmit a wide range of data to a central location, providing transparency and enhancing safety measures.

[18:52] Investing in telematics: Telematics offer numerous benefits, including increased safety, reduced insurance claims, video evidence, and economic advantages.

[21:38] Getting the data: Obtaining data from telematics can be a complex process, dependent on the system, procedures, and company. Malorie and Michael delve into the various capabilities and recommend seeking expert assistance.

[26:42] The downside of technology and truck driving: While technological advancements offer benefits, they also pose an increased risk of distraction. Malorie and Michael discuss the potential use of phone data in distracted driving cases and the complexities surrounding data ownership.

[33:26] Distractions from driving apps: Certain applications, such as electronic logging devices, can distract truck drivers, while other job-specific apps may elevate the risk of distraction for delivery drivers and rideshare drivers.

[35:16] Examining driving apps: For those seeking to learn more about designing an app for their needs, Malorie suggests conducting a Google search to access videos exploring specific apps and their creation. She cautions against investing too heavily in apps or data that will not significantly impact their case.

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In this popular and award-winning podcast for trial lawyers, noteworthy author, sought-after speaker, and renowned trial lawyer, Michael Cowen explores critical topics distinctive to the legal profession with some of the biggest names in the industry – specifically focused on developing extremely efficient law practices, securing a competitive edge in the industry, and wildly excelling in the courtroom.

Produced and Sponsored by LawPods.

Premises cases can be a tough way to make a living. “It’s challenging, like medical malpractice, but with the right experts, with the right research, with the right resilience, you can win these cases.” 

On this episode of Trial Lawyer Nation, Michael Cowen speaks with Michael Neff, an experienced trial lawyer, about the oft-forgotten yet critically important and challenging area of tort law–premises liability law. He explains the kinds of cases that inflame his passions, how to succeed in premises liability law, and, of course, the importance of 7-inch stairs! Neff also briefly discusses his case against Snapchat, a cutting edge case he’s been working on outside of the premises liability realm.

Tune in for an in-depth discussion on premises liability law, insights on case selection, and how attorneys like Michael Neff work to secure sizable verdicts for clients with life-changing damages, ensuring the rules are followed.

Featured Guest

Name: Michael Neff

About: Michael is a trial lawyer with approximately 30 years of experience, who practices premises liability law, including ‘trip and fall’, ‘slip and fall’, negligent security, and much more. He is the founding partner of the Atlanta-based firm, Neff Injury Law, which has won over $100 million in jury verdicts for its clients. Outside of the courtroom, Michael is the author of Premises Liability: A Guide to Success and founder of the National Association of Premises Liability Attorneys (NAPLA).

Company: Neff Injury Law  Connect: LinkedIn

Episode Highlights 

[04:13] Defining premises cases: While slips and falls and trips and falls are the most basic of premises cases, premises liability also includes negligent security cases, water scald cases, Legionnaires cases, nursing home cases, and sexual assault cases.

[07:05] Winning premises liability cases: While Neff notes that trip and fall cases are generally easier cases to win, there are a number of questions that a premises liability attorney must have answered, including the condition of the property, whether there was a hazard, and whether it could have been mitigated or eliminated. At the end of the day, though, it’s all about ensuring folks are following the rules.

[09:38] Understanding the rules, including the building code: Neff explains the value of utilizing experts–including structural engineers, retired police officers, and others–to better understand and explain this practice area.

[12:20] Developing the theme of a case: In each case, there are always two sides of a story, but Neff explains that juries are simply not going to sympathize with a litigant who is making a lot of money and putting people in jeopardy.

[13:57] “Written in blood”: Neff recalls that an expert once told him that “the building code is written in blood.” Each of the rules that we are asking companies and individuals to follow was written as a result of someone having been killed or seriously injured, in order to prevent such a tragedy from happening again.

[15:32] Winning negligent security cases: Neff illustrates how the issues of foreseeability and preventability of an accident are key in negligent security cases, where juries might tend to want to assess total blame to the criminal who committed the offense, when the company could have taken steps to mitigate or eliminate the risk.

[17:26] Screening cases: While economic viability for both the attorney and the client is important, ultimately, Neff only selects cases that he feels passionate about. His clients’ lives have been irrevocably changed by the circumstances of the case, so he feels a great sense of responsibility to ensure their wellbeing.

[23:19] Securing large damages for clients: Neff asks, who holds the power of preventing these damages from occurring–an individual or a corporation? Because corporations bear that responsibility, his job is to delineate the steps they could have taken and the ordinary care they should have used to prevent this injury and to keep it from happening again. 

[26:31] Excelling in premises liability law: In order to succeed in this practice area, Neff recommends investing in yourself, which may include joining organizations like his, the National Association of Premises Liability Attorneys (NAPLA).

[30:42] Suing Snapchat: Neff discusses a case he’s been litigating outside the premises liability realm in which a plaintiff is suing Snapchat over its speed filter, after being involved in a serious car wreck in which the other driver was using the app.

[38:21] Suing rideshare companies: Neff has also been litigating cases in which drivers for rideshare companies sexually assault their passengers. He explains that some of the challenges in these kinds of cases stem from the technological overlay and the fact that rideshare drivers are classified as independent contractors, not employees.

[42:54] NAPLA Updates: Neff shares that NAPLA just finished its first meeting in Chicago, which featured nineteen speakers over three days. Learn more about NAPLA at www.premisesliability.org

Connect with Trial Lawyer Nation

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☑️ Subscribe to Trial Lawyer Nation on Apple Podcasts, Spotify, Google Podcasts, and YouTube.

In this popular and award-winning podcast for trial lawyers, noteworthy author, sought-after speaker, and renowned trial lawyer, Michael Cowen explores critical topics distinctive to the legal profession with some of the biggest names in the industry – specifically focused on developing extremely efficient law practices, securing a competitive edge in the industry, and wildly excelling in the courtroom.

Produced and Sponsored by LawPods.

On a good day, a personal injury trial can feel like an uphill battle. Now, add a small inhospitable venue, a less-than-sympathetic client, and a slew of video witnesses into the mix. That’s exactly where Michael and Malorie found themselves recently trying a commercial vehicle case. In this episode of the Trial Lawyer Nation, they’re here to reflect on the trial and discuss the unique challenges they faced, the strategies they employed, and actionable lessons you can take into your next trial. 

To set the stage, the case involved an oilfield worker rear-ended on the highway. He suffered significant structural injuries, returned to work for a year, and ultimately had a hip replacement and additional therapies.

While liability was never in doubt, damages is where Michael and Malorie faced an uphill battle. The first challenge was that the client’s medical records said he had degenerative disc disease from childhood. How do you establish that his injuries are attributable to the motor vehicle wreck?

To complicate matters, the client returned to work, performing the same responsibilities as before the accident, only seeking treatment sporadically. To keep things interesting, the judge allowed the admission of evidence of the client’s cocaine use around the time of his treatment. These are just a few of the issues that threatened to derail our damages claims. 

Join us on this episode to hear the details of the case, including our future-focused approach, witnesses and experts we called and why, the unique way we presented the medical and non-economic damages witnesses, and much more on this new episode of Trial Lawyer Nation featuring Malorie Peacock.

Featured Guest

Name: Malorie Peacock

About: Malorie J. Peacock is a Partner at Cowen Rodriguez Peacock. She was born and raised in San Antonio, Texas, and received her J.D. from the University of Houston Law Center. During her time with Cowen Rodriguez Peacock, Malorie has worked on numerous commercial vehicle, trucking, and wrongful death cases. Malorie brings close attention to detail, commitment to finding safety issues and areas of neglect, continued utilization of technology, and cutting-edge visuals in cases, along with a sincere passion for helping those who have been hurt in every case.

Company: Cowen Rodriguez Peacock 

Connect: LinkedIn  

Key Points

Top takeaways from this episode 

• You don’t need to prove your whole case with one witness. A witness to establish damages does not have to know everything about the client’s life or know them before and after the crash and be able to compare. Instead, it has to be someone involved. The key is to string together tidbits of information into a coherent story.
• Before using video depositions during a trial, you need to know the critical predicate questions in your jurisdiction to lay the foundation to use that either as a demonstrative or to get it admitted into evidence because it makes a giant difference. You also want to make sure your videos are reasonably short and engaging. None of the videos in this case exceeded 25 minutes.
• Your client may not be likable, but you must protect and fight for them. Some clients are tough to love, but if you take their case, you want to protect them as best you can from the jury selection process and throughout the trial by looking out for obvious sentiments that could go against your client.

Episode Highlights 

[01:45] The case many lawyers didn’t want to touch (Including us): Malorie Peacock provides the background for the commercial vehicle accident case.

[02:33] The challenges with the case: Michael lays out the challenges and how it looked like an impossible case to win.

[04:41] Surmounting roadblocks: Despite the many challenges, Malorie knew that the fighting chance was in identifying and telling the most important stories.

[07:24] Witnesses make a great difference: Michael commends the choice and organization of witnesses called and how their testimonies help tie the evidence together and paint the full picture.

[15:50] The smart way to use video depositions: Malorie and Michael discuss how they used video depositions, carefully editing the testimony to go straight to the point, and keeping it brief. 

[22:43] Use your expert witnesses as brushes to paint the true picture: Ultimately, you’re telling a story during trial. Sometimes you need other expert witnesses to help convey the story.

[28:10] Keep notes: How the team transformed live notes into exhibits.

[31:33] Why Malorie initially didn’t want to take the case: Malorie shares why the team almost did not take the case and the importance of letting the merits of the case lead decisions.

[36:41] With an unsympathetic client, jury selection is crucial: Why the team chose to bring in jury consultants, Michael’s admission that this voir dire was different from anything he has done before, and his favorite question, “Have you ever loved somebody that you didn’t like?”

[44:20] Trials can change people: Malorie recounts her personal experience with the client and his efforts during the process to reconnect with his family and be a better person.

[52:21] Settle when the number is right: At what point does it make sense to settle during trial? Michael and Malorie share their experience.

Connect with Trial Lawyer Nation

☑️ Follow us on Twitter, Facebook, Instagram & LinkedIn.

☑️ Subscribe to Trial Lawyer Nation on Apple Podcasts, Spotify, or YouTube.

In this popular and award-winning podcast for trial lawyers, noteworthy author, sought-after speaker, and renowned trial lawyer, Michael Cowen explores critical topics distinctive to the legal profession with some of the biggest names in the industry – specifically focused on developing extremely efficient law practices, securing a competitive edge in the industry, and wildly excelling in the courtroom.

Produced and Sponsored by LawPods.