Renowned trucking accident lawyer Joe Fried tried the second case in the nation and the first in Georgia to test Amazon’s claims that it has no responsibility for its drivers’ conduct.
The result was a $16.2 million verdict against Amazon for pain and suffering endured by his client’s son, an 8-year-old boy who was run over by a delivery van. As Joe explains to host Michael Cowen, the groundbreaking case offers unique teaching opportunities for plaintiffs’ lawyers. Among the successful strategies: his team’s focus on exposing how the driver was himself a victim of Amazon, which places drivers under immense pressure. “The jury agreed with us on that in that regard.”
Both Joe and Michael will share their insights about trucking accident law this fall.
First, Joe will discuss the Amazon case at the Academy of Truck Accident Attorneys Annual Symposium, to be held in Nashville from September 25 to 27.
Then, Joe and Michael will join the faculty at TLU Vegas, October 16-19 at Caesars Palace. Joe will present about the case, and Michael will lead a masterclass on trucking.
Featured Guest
Name: Joe Fried
About: Joe Fried is one of the original truck accident lawyers in the country and is widely recognized as a top attorney in the field. He is credited with developing many of the best practices used by lawyers nationally in truck accident investigation and truck accident litigation.
Company: Fried Goldberg LLC
Connect: Facebook | LinkedIn | X | YouTube | Instagram
Episode Highlights
[02:13] First in Georgia, Second in Nation: Joe’s unique case focused on whether Amazon should be held responsible for the conduct of drivers who are doing Amazon work.
[05:14] All Profit, No Responsibility: Amazon puts its drivers under pressure to perform, then claims to have no responsibility when problems occur.
[10:19] Joe’s Legal Theory: Amazon failed to train its driver on two things: how to handle children in a residential neighborhood and how to drive the vehicle he had that day: a rental van, not the typical delivery van.
[16:08] Specifics of the Case: The Amazon van struck an 8-year-old boy who was riding an electric bike. The boy suffered a fractured pelvis and a “de-gloving” injury to his leg, which required multiple surgeries, including skin grafts.
[20:36] Mission-Critical: A re-enactment showed that, whichever way the boy was coming toward the van, he was visible – unless packages on the dash blocked the driver’s view.
[31:58] Modern-Day Tenant Farming: Amazon’s delivery service provider owner believed he was an independent businessman. In fact, Amazon had control – like the puppetmaster of a marionette that Joe was prepared to display at trial but didn’t.
[38:29] The Jury’s Conclusion: Amazon held 85% responsibility for negligently training the driver; the driver and his delivery service provider had 10%; and the adult who went inside the house when the incident occurred had 5%.
[1:06] The Future of Trucking Cases: The so-called “relay cases,” which focus on 18-wheelers that deliver for Amazon.
[1:09] View Behind the Curtain: Joe explained the significance of this case to jurors this way: “You have had one of the rare looks behind the curtain at what Jeff Bezos has created.”
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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.
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116 – Michael Bonamarte – What Does It Take to Win a $20 Million Verdict?
Michael Bonamarte wasn’t always set on being a trial lawyer. In college, he started out on a pre-med track, eventually discovering a passion for the law. Now, he runs a successful firm with 20 years under his belt — and a $20 million verdict. What does it take to reach this level of success?
Throughout his career, Michael soaked up knowledge from the greats in his industry. From mentors and partners to books and other educational tools, Michael made sure he was learning everything he could so that he could go to bat for his clients. Because of this passion and drive, Michael won a plethora of large cases.
One of these large cases received a successful $20 million verdict. This multimillion-dollar case covered a difficult birthing complication, where the baby, AJ, was diagnosed with fetal growth restriction at 40 weeks. Significant changes in the fetal heart rate strips were not brought to the attending doctor’s attention, and ultimately, AJ suffered brain damage. Although he should live a regular life expectancy, AJ’s neurological function is limited and he will likely need custodial care for the rest of his life.
Due to the technicalities of the case, Michael knew he needed support from great experts. With the help of both law firm partners and medical experts, Michael was able to solidify the win. The medical experts could explain the points that matter and simplify complex terms for the jury. The defense, who argued that fetal growth restriction was caused by a genetic growth issue, didn’t have the necessary experts to strengthen their argument, which contributed to Michael and his team’s big win.
Throughout his career, Michael has had plenty of multimillion-dollar wins. Now, as a managing partner of his firm, Michael is helping other lawyers find that same success. By investing in the firm, making himself accessible to younger lawyers, and sharing all of his insight and knowledge, Michael is helping shape the next generation of lawyers winning million-dollar verdicts.
In episode 116, Michael Cowen is in conversation with Michael Bonamarte, Managing Partner at Levin & Perconti, to get all of the details on the $20 million verdict. Michael walks through the big case, from the opening statement and jury selection to the closing arguments and ultimate win. On this insightful episode of Trial Lawyer Nation, Michael also discusses what it’s like running a law firm, how he built up his skills early in his career, and the best ways to bounce back from a loss.
Featured Guest
Name: Michael Bonamarte
About: Michael Bonamarte, IV is a nationally recognized trial attorney who has achieved outstanding results in a number of high-profile nursing home, wrongful death, birth injury, and medical malpractice cases. He is committed to protecting and vindicating the rights of people who have been injured due to systemic flaws and corporations choosing profits over people. Michael is currently a Managing Partner at Levin & Perconti law firm in Chicago, Illinois.
Company: Levin & Perconti
Connect: Email | 312-516-1129
Key Points
Top takeaways from this episode
- You have to be a sponge to develop your skills as a trial lawyer. Michael Bonamarte has a passion for representing people who have been wronged. But passion doesn’t always mean you have the skills to succeed. So how do you develop your skills? According to Michael, you have to be a sponge and soak up all of the insight from other lawyers, mentors, and resources in your field.
- A strong argument requires the right experts. Especially if you’re working on a technical case, you need the right experts to guide you through complex terms and concepts. Additionally, experts serve as credible sources to support your argument during trial.
- Give the case your all. No matter how great of a lawyer you are, you won’t win every case. In order to bounce back from the losses, it’s important that you give every case your all. When you know that you did everything you could for a client, a loss is somewhat easier to bear.
Episode Highlights
[02:23] The beginning of an outstanding law career: Michael Bonamarte talks about his journey in the field of law and his work at Levin & Perconti.
[06:23] Developing trial skills: Michael shares how he went from a pre-med path in college to becoming a successful trial lawyer. He also discusses the people who have influenced his law career and how he stays educated.
[08:45] The $20 million verdict: Michael gets into the details of a difficult birthing case, sharing the complications of the birth and why it was such a big case.
[18:44] The defense of the case: According to Michael, there was an overwhelming number of expert witnesses for the case. But the defense, who argued that fetal growth restriction was caused by a genetic growth issue in this case, didn’t have the necessary experts to strengthen their argument.
[22:33] Michael’s strategy for winning the case: Because the case was extremely technical, Michael attributes much of his success to his partners and medical experts. These experts could simplify things for the jury, explain the relevant case points, and ensure that all information was accurate.
[27:05] The jury selection: Michael walks through the jury selection process specific to the case, how he set up a foundation of mutual respect, and how he exposed bias through a lighthearted example (deep dish or thin crust pizza?).
[36:06] The opening statement: Michael’s partner, Margaret, did the opening statement, and they chose to start off with the base premise of a healthy birth. They presented what should happen during a healthy birth, and then they presented plan B — what happens when that first scenario isn’t possible.
[44:47] Why presentation matters: Michael talks about a lung cancer case with a 40-year smoker and how he presented questions and information to win the case. He also shares the story of the shocking cross-examination during the birthing case and how he successfully delivered the closing argument.
[53:04] Getting the jury to fight for you: During the closing argument, Michael tapped into his emotions and personal experience of having a daughter the same age as AJ, the baby in the birth defect trial. Michael connected with the jury — especially the parents who may empathize with AJ’s family.
[58:49] What it takes to be a managing lawyer: As a managing lawyer, Michael often comes in at the end of the case after others have worked up the case. In order to get great workup done by others, Michael focuses on the bigger picture, utilizes the unique skills of the firm’s lawyers, and makes himself accessible to younger lawyers.
[1:05:58] Bouncing back after a loss: For Michael, it’s easier to come back from a loss knowing that you did everything possible for your client. As long as you put everything out there and give it your best shot, you’ll feel more positive about the situation — even if the outcome isn’t what you wanted.
Connect with Trial Lawyer Nation
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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.
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171 – Jason Hennessey – You Can’t Control Google’s Algorithm; You Can Master Digital Marketing
When it came time to name his book, Jason Hennessey left nothing to chance. Anyone searching for “law firm SEO” would find his agency, videos, and his book: “Law Firm SEO.” “I’m dominating that keyword, and it’s all by design.”
With host Michael Cowen, Jason defines words in the digital marketing dictionary like “SEO” and “LSAs.” He pulls back the curtain on the Google algorithm. And he describes strategies to get the phone to ring. His main advice for lawyers is to take action. As an example, he congratulates Michael for his idea to send videos to potential referrals. “And as a result of that, you are able to post those large checks on social media because you’re building these new referral partners. But what if you didn’t take action?”
Michael and Malorie welcome listener questions for a new “Ask Michael and Malorie Anything” feature. To submit a question, email Michael.
Featured Guest
Name: Jason Hennessey
About: Jason is an entrepreneur, internationally recognized SEO expert, speaker, author, podcast host, and business coach. Click here to order his “Law Firm SEO” book for free.
Company: Hennessey Digital
Connect: LinkedIn | Facebook | X | Instagram
Episode Highlights
[03:03] What is SEO? It stands for “Search Engine Optimization,” and it’s not taught in school. Jason began his SEO education while working as a DJ in college.
[05:03] “Law Firm SEO”: Michael wrote this book to empower lawyers so they’re not taken advantage of by a huckster promising to get them on page 1 of Google.
[11:56] The Competition: Google has made it harder for personal injury marketing over the years. While firms could generate leads with advanced SEO strategies, “it’s not as easy anymore,” Jason observes.
[16:39] It’s the Optics: Jason outlines why Google reviews are important: perception, competitive ranking, and keywords.
[19:03] When to Get the Review: Jason argues that a lawyer should seek a client review at the beginning of a case rather than waiting until the case ends.
[20:10] Go Deep or Wide? With a tight marketing budget in a competitive market, a law firm could either limit marketing based on geography or target marketing based on practice area. Jason describes both strategies.
[24:28] ‘To Thine Own Self…” Use stunts to lure social media views if that’s your style. The important thing, Jason says, is to stay true to yourself.
[29:17] The AI Factor: Artificial intelligence allows a marketer to be more efficient, but Google will sniff out content that’s AI-generated and “won’t treat it as favorably” as more unique content, Jason says. And the future could look scary. “I think at some point there could be Michael Cowen and Jason Hennessey on a podcast, and it’s not even us talking!”
[33:26] Looking Ahead: Video and influencers are two tools that Jason expects to become more important.
[36:47] Website Strategies: Once a potential PI client lands on your website, you can keep them with strategies like empathetic writing (rather than a sales pitch) and carefully crafted “thank you” pages after a form submission.
[40:12] Chatbots v. Human Beings: Weighing in on the debate, Jason says that it’s all about the script that the chatbot is following.
Connect with Trial Lawyer Nation
☑️ Follow us on X, Facebook, Instagram, and 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.
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181 – Laura Pazin Porter – Resolving a Wrongful Death Case with Empathy, Strategy
These cases are “righteous,” explains host Michael Cowen, “because when a tractor trailer is backing across the roadway, it is very difficult for oncoming traffic to see the trailer in time to stop.” He and trial partner Laura Pazin Porter recently resolved just such a case, in which their clients’ father died after striking an 18-wheeler that was backing across a highway at night. Laura describes how she established trust with the grieving family members, and Michael reveals how he channeled his “Just Keep Swimming” mantra during adverse rulings. Together, they achieved a confidential settlement right before closing arguments.
Michael and Malorie welcome listener questions for a new “Ask Michael and Malorie Anything” feature. To submit a question, email Michael.
Featured Guest
Name: Laura Pazin Porter
About: Laura has over 20 years of experience in civil litigation, complex litigation, civil trial, and appellate law. She has participated in cases across multiple states and has been recognized as a “Texas Rising Star” by Thomson Reuters.
Company: Cowen Rodriguez Peacock
Connect: LinkedIn
Episode Highlights
[02:52] Fatal Trucking Crash – Laura describes the wrongful death case in which their clients’ father died after striking an 18-wheeler that backed across a highway at night, blocking all lanes.
[05:08] Placing Blame – The investigating officer blamed their client without conducting a proper reconstruction or considering visibility issues, creating an uphill battle from the start.
[08:22] On-Scene Witnesses – They provided crucial evidence about the facts of the crash, what could be seen, and what could not be seen..
[12:07] Seeing Is Believing – Michael explains their goal in meticulously recreating the exact crash conditions, although the judge ultimately excluded the compelling visual evidence.
[17:15] Challenging Jury Selection – Laura describes how they handled a “rough crowd” who initially called the case a “money grab” before ultimately securing a favorable jury.
[21:04] Psychological Perspective – A psychologist offered important insight on grief and loss, which bolstered the team’s mental anguish claim.
[29:58] “Magical” Examination – Michael describes Laura’s direct examination of the grieving sons as “the most magical experience I’ve ever had in the courtroom.”
[39:43] Emotional Rollercoaster – “As much as you never know for sure, I did really feel like we were winning that case,” Michael says of settlement discussions.
[40:38] Not Just Money: Ultimately, their clients agreed to a settlement in which the trucking company agreed to make a change that could save future lives. “We did something that I’m super proud of that wasn’t just money in this case,” Michael says.
Connect with Trial Lawyer Nation
☑️ Follow us on X, Facebook, Instagram, and 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.
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