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Anatomy of a Shock Verdict

Anatomy of a Shock Verdict
by: E. Stratton Horres Jr., Sean M. McDonough of Wilson Elser Moskowitz Edelman & Dicker LLP  -  Litigation Download – A Wilson Elser Podcast
Sunday, June 18, 2023

While no industry has escaped the disastrous trend toward shock verdicts, transportation companies have been especially hard hit by these excessive awards. A shock verdict is disproportionate to the injuries or evidence presented at trial, and it may be the result of a jury prejudiced against the defendant or swayed by emotionally draining evidence. 

On this episode of the Litigation Download Podcast, host Stratton Horres talks with Wilson Elser Transportation Practice co-chair Sean McDonough about his experience with a shock verdict for his trucking client years ago, and how the Reptile Theory was a dominant theme in the plaintiff counsel’s strategy. Stratton and Sean will discuss lessons learned and practical strategies defense counsel can use to prevent or minimize shock verdicts.

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