If you are a Plaintiff’s attorney and have not yet read Rick Friedman’s “Polarizing the Case,” I highly suggest it – and this post probably won’t make much sense until you’ve read it, although some of my comments apply to trying cases in general.

Your case: A 69 year old woman is hit from behind in a car crash. Liability is admitted. Damages are that the woman can no longer sit longer stand more than 30 minutes at a time without pain so she can no longer attend her weekly morning hikes with a church group.

If you’ve spent any time interviewing jurors, you know that eyewitness testimony holds great weight. And if you’ve spent any time researching cognitive psychology, you know that eyewitness testimony can be very unreliable.