On February 28, 2018, Rizzo Mattingly Bosworth shareholder Allen Eraut moderated a panel discussion for the Oregon Association of Defense Counsel titled “When Mediation Fails: Taking a Construction Case to Trial.” Panelists Dan Schanz, Megan Ferris and Elizabeth Woodard gave helpful insight on how to address the unique challenges construction cases face. For example:
- A jury view of the building could help the jurors better understand the evidence, but danger abounds. From the logistics of getting the jurors to the
building, to the risk of plaintiffs performing last-minute destructive testing, the jury view may be more trouble than it is worth.
- Plaintiffs’ experts love to testify that the defendant violated the building code. But, defendants can argue that unless that evidence is coming from
a building official, the testimony is inadmissible.
- TrialPad is great, but you may need someone with you at trial to run it.
Thanks again to our speakers and to Aufdermauer Pearce Court Reporting for hosting.