Jim Kiley, Growing up in Bayside, NY - Part 3 Jim Kiley, Growing up in Bayside, NY - Part 3 Transcripts:
Mark: During a deposition, have you ever been surprised to learn that you probably did not have a case?
Jim: Oh absolutely, absolutely. That's another lesson you learn, as you do this business, is screening cases. What cases to take in, what cases to politely say, ''no thank you.'' I remember representing a woman in a deposition; actually I was on the defendant side. I was representing Trump Management in a lawsuit brought by a plaintiff. Trump had owned the ground lease to a McDonalds Restaurant, down somewhere in Queens Jamaica I think. The deposition came after the pleadings were filed, the complaint and this and that, and all these documents. We get to the deposition and the woman says she fell at this McDonalds at such and such address. We get to the deposition, and it came out that no that was the wrong McDonalds. She fell at another one 2 miles away. Well you can imagine the plaintiff attorney?s face as he asked for a plight adjournment case. So yeah that's why you need to prepare depositions, because it will come out. I had a case where, not a deposition, but I was preparing for an arbitration, it was a motor vehicle case, and the plaintiff had fractured my client wrist. We went through the whole litigation, all the medical records, all the pleadings and the woman indicated she had fractured her left wrist. But it turned out it was her right wrist. I found that out a little late in the game and she was ''oh yeah come to think, it was my right wrist.''
Mark: That lost her all credibility.
Jim: Yeah, actually we wound up settling that case for a decent amount of money. But I explained it away as, ?listen these injuries can be traumatic. Accidents can be traumatic. People want to forget accidents. They want to forget and put it behind them, and suddenly we now ask them to put it all out again for a claim.? So yeah, we managed to get out on that one. But you never know what you're going to hear.
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