Florida Man completes personal injury jury trial in five days | Brenda Hollingsworth - The Lawyer's Daily

Share Print Tweet Email I am an American CPD junkie. I read their books. I watch their videos. I am currently watching “Obtaining Large Verdicts in Disc Injury Cases” by Keith Mitnik of Trial Guides. At the outset Mitnik mentions how he and his colleague ran two back injury cases in Orlando, Fla., back-to-back. They picked the jury for the first one on a Monday, got the $1-million verdict on a Friday, and then did it all again the following Monday to Friday. What?! Each of those trials would be four weeks in Ontario. Why can’t we run our trials like that in Ontario? The state of Ontario’s backlog for motions, pretrials and trials is appalling. It was appalling before the pandemic and it’s worse now. We are scheduling jury trials in late 2023. Imagine the impact on the wait list if the default for personal injury trials were five sitting days instead of 20. We are smart, well-trained lawyers in a developed country with (somewhat) modern facilities and a sophisticated judiciary. What is holding us back from running speedy trials like those in Florida? The answer seems to come down to our litigation culture where we simply accept that lawsuits, including trials, just take a long time. No one is going to tell me that the state that gives us the “Florida Man” headlines has a higher inherent competence than we have. What they do have is a highly practical and proportionate approach to trying these cases that Ontario should embrace. I was fortunate to speak to David Neiser, a...



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