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The Litigation Psychology PodcastAuthor: litpsych
The Litigation Psychology Podcast presented by Courtroom Sciences, Inc. (CSI) is a podcast for in-house and outside defense counsel and insurance claims personnel about the intersection of science and litigation. We explore topics of interest to the defense bar, with a particular emphasis on subjects that dont get enough attention. Our hosts are experts in Clinical Psychology, Social Psychology, and scientifically-based jury research with a wealth of knowledge about psychology, science, jury research, human behavior, and decision making, which they apply in the context of civil litigation. Language: en Genres: Business, Science, Social Sciences Contact email: Get it Feed URL: Get it iTunes ID: Get it |
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The Litigation Psychology Podcast - Episode 269 - Analyzing the Path to a Recent Defense Verdict
Episode 271
Monday, 30 June, 2025
Trial attorney Shane O’Dell from Naman Howell joins Bill Kanasky, Jr., Ph.D. to break down a recent case that resulted in a complete defense verdict. The case involved a homeowner being sued after a contractor’s assistant, hired informally from a parking lot, fell through an attic floor while replacing water heaters, sustaining serious injuries. Shane explains how initial assumptions about homeowner liability posed a major challenge, as jurors often believe that property owners are automatically responsible for any accidents on their premises. Shane and Bill walk through how narrative strategy played a crucial role in the defense. Rather than opening with a sympathetic focus on the defendant, they shifted the “cognitive lens” of the jury by starting the story from the perspective of the contractor and the assistant. This reframing emphasized poor decisions made by others, redirecting initial juror blame away from the homeowner. Shane credits this approach, along with targeted voir dire questions about juror assumptions on property liability, as key to shaping juror perception from the outset. He also discusses how medical damages were dropped last-minute by the plaintiff to focus solely on non-economic damages - a move designed to avoid anchoring jurors with a high medical figure. Shane and Bill also explore the tactical complexities faced during trial, including a non-suit of a co-defendant mid-trial and the withdrawal of damages claims just before key cross-examination, forcing rapid adjustments. Shane shares how maintaining flexibility and staying focused on the evolving trial landscape helped the defense team stay effective. Finally, the two discuss the emotional impact of a defense verdict for the client, the importance of involving young attorneys in trial work, and why mentorship, trial exposure, and civility with opposing counsel are essential for a sustainable legal career. Watch the video of this episode: https://www.courtroomsciences.com/r/X6E
