masks

In this episode of the Trial Lawyer Nation podcast, Michael sits down with fellow trial lawyer Ed Ciarimboli from Pennsylvania. Ed is part of the elite class of lawyers who have been able to take a case to trial in the COVID era. And with the final witness testimony being so monumental to the case that they settled immediately after he left the witness box, this trial story is one you need to hear to believe!

They begin with a brief discussion of Ed’s background and how he started trying cases. A partner at a 12-lawyer and 3 location firm, Fellerman & Ciarimboli, Ed mainly focuses on commercial motor vehicle cases. He got into the AAJ speaking circuit about 9 years ago, where he began to really hone his skills as a lawyer. It was a couple of years after that when he was told he needed to become great at trying cases. When Ed asked why, the other lawyer responded, “Because you’re the worst lawyer I’ve ever seen at settling a case.” So, Ed took the advice and has since focused his energy on being as comfortable as possible in the courtroom.

When asked to elaborate on what he did to develop his skills as a trial lawyer, Ed insists the biggest factor was his investment in his education. He urges young lawyers to do more than join a webinar- they should go to conferences and workshops to truly focus on the different aspects of trial and HOW they’re doing it. Body language and movement are crucial to a lawyer’s performance in the courtroom, and after working with a long list of consultants and gurus on these topics, Ed encourages everyone who wants to be a great trial lawyer to put the effort into this.

He then clarifies that this doesn’t mean following the dogmatic approach of one pro- it’s about learning the fundamentals (taking depositions, cross-examinations, etc.) then studying different approaches to storytelling and choosing the best one for your particular case.  This approach requires much more work than a cookie-cutter strategy, but both Ed and Michael agree that it’s well worth the effort.

Michael then starts to dig into the facts of Ed’s case, which was unique and incredibly tragic. Ed explains how the defendant company purchased a huge molding machine from a broker. The defendant company signed the paperwork and assumed responsibility for the machine, then hired a crane company for the rigging and transportation of said machine. The crane company was told nothing about the details of the machine, notably the 55-gallon drum of hydraulic fluid still inside the machine. In the process of moving the machine onto the flatbed truck for transportation, the hydraulic fluid sloshed to the side and caused the machine to tip over onto Ed’s client, killing him instantly.

Ed then explains how they ended up suing the company who purchased the machine and shares how his extensive work on commercial motor vehicle cases set him up for success on this case. Ed knew the Federal Motor Carrier Safety Regulations “100 million times better than the defense,” which he used to his advantage in placing the blame on the defendant company whose only real defense was, “We hired this company.”

Michael continues the conversation by asking Ed how jury selection was handled. Ed shares how voir dire was conducted in a large old theater instead of a courtroom in order to allow for safe spacing between the potential jurors. And while he admits he was more nervous for this jury selection than any he’s ever done before, the process went incredibly smoothly. He gives high praise to the judge, his jury consultants, and the jurors themselves, stating, “I truly believe we won this case in jury selection.” He also notes that the demographic composition of the jury pool was not skewed, something which will surprise listeners who believed COVID would cause people to resist sitting on a jury.

Ed then shares the setup of the courtroom, which included the jurors sitting in the gallery with two large screens in front of them. He explains in-depth the lengths he and his team went to effectively present to a jury largely spaced out, including the widespread use of visuals that any trial lawyer trying to get back in the courtroom needs to hear.

Michael then digs deeper into Ed’s sequencing of the case and presentation to the jury, which is something he did with incredible craft and thoughtfulness. He began by simply stating, “George James went to work one day and never came back. Why?” before introducing the jury to the company, who was very experienced in dealing with hazardous materials. He then boiled this complex case down into one simple graphic of the transportation cycle, highlighting the defendant company was both the shipper and the receiver of the machine.

Ed then called the corporate representative as his first witness, who did “TERRIBLE,” and came off smug, angry, and unwilling to accept the responsibility which was so clearly his. Next was their expert, then the moment which Ed was most concerned about, the client’s blue-collar co-workers from the crane company. His fears were quickly abandoned as these witnesses talked plainly and honestly about their lack of experience with hazardous materials, further securing the blame on the defendant company who assumed the responsibility. But the most powerful moment of all was seeing the way they all talked about Ed’s client and how amazing of a person he was, causing many of them to break down on the stand.

As the trial went on, the defense kept offering more money to settle the case, but it was nowhere near enough. Ed had rested and was ready for closing until the defense called their final witness, an economic expert. While Ed had chosen to leave economic damages out of the case completely, the defense thought it wise to have their witness testify that based on the client’s income and life expectancy, his life was only worth $61,000.

Considering the client was such an upstanding person that his EX-WIFE was one of the key damage witnesses, this was a shocking move. After Ed’s brutal cross-examination of this witness (which you need to hear to fully appreciate), he was rushed in the hallway by corporate counsel eager to settle for the amount he wanted. Ed agreed and the case was settled right before closing.

While Ed’s trial story and success in the age of COVID are admirable, Michael wants to know – would Ed recommend other lawyers to push their cases to trial, or should they wait until COVID has passed? Ed simply states, “I say do it.” It’s scary filled with uncertainty, but as lawyers, we are not doing our jobs if we are not pushing our cases.

As a follow-up, Michael curiously asks, “What about if your only option is a Zoom trial?” to which Ed is a bit more hesitant. They go back and forth discussing the merits and limitations of Zoom trials, which Michael is set to partake in starting February 1^st. Ed praises Michael for taking this leap and wishes him luck in this upcoming trial.

This podcast episode also covers why sequencing your witnesses properly is so important, using experts, how Ed found his “best jurors,” the details of the FMCSR’s on transporting hazardous material, what the jurors said when Ed reached out to them post-trial, and so much more. This is truly an inspiring trial story that you DON’T want to miss!

Interested in hearing more COVID era trial stories? Check out our other Masked Justice episodes:

• Part 1 with Brendan Lupetin
• Part 2 with Chris Madeksho

Guest Bio:

Attorney Edward Ciarimboli is a founding partner at Fellerman & Ciarimboli Law PC. He graduated from Wilkes University with a dual degree in political science and engineering and applied science. While at Duquesne University School of Law, he was admitted to the Order of Barristers for Excellence in Courtroom Advocacy and was named a national semi-finalist in the American Trial Lawyers Association Moot Court Competition.

After receiving his Juris Doctor, Attorney Ciarimboli served as a law clerk to the Luzerne County Court of Common Pleas and the U.S. District Court for the Middle District of Pennsylvania.

Attorney Ciarimboli concentrates his practice on trucking and auto collision and medical malpractice litigation. He is active in many professional organizations, including the American Association for Justice, the Pennsylvania Association for Justice, and the Luzerne County and Pennsylvania Bar Associations. He serves on AAJ’s National College of Advocacy Board of Trustees and the Board of Governors for the Pennsylvania Association of Justice, donates to AAJ’s PAC, and is a member of AAJ’s Trucking Litigation Group; Motor Vehicle Collision, Highway and Premises Liability; Insurance Law; and Professional Negligence sections.

Attorney Ciarimboli has been selected for inclusion in the Pennsylvania Super Lawyers® list every year since 2008. He was named Top 40 Under 40 by the National Trial Lawyers Association and named to the Top 10 National Trial Lawyers’ Trucking Trial Lawyers Association. He was also named as one of the Nation’s Top One Percent by the National Association Distinguished Counsel.

In addition to his extensive trial practice, Attorney Ciarimboli frequently teaches lawyers across the country on both deposition and trial skills.

Attorney Ciarimboli is also an active member of his community. With his partner, Attorney Greg Fellerman, he began the Safe Prom Pledge in 2010 as a way to promote a drug-free and alcohol-free prom night for students throughout Eastern Pennsylvania. To date, they have spoken to more than 25,000 high school students on the dangers of driving under the influence of drugs and alcohol.

Attorney Ciarimboli lives in a 115-year-old farmhouse with his wife, Jennifer, their children, two dogs, two cats, countless chickens, roosters, and an occasional pheasant.