Craig Avery’s Post

Dear Reader(s): I never had the privilege or pleasure of knowing Bill Bird. But his passing reminded me of one of the coolest war stories I ever heard when I was a younger trial lawyer. My attempts to verify the story with him over the past year were unsuccessful, maybe through serendipity someone who reads this post can. Legend has it that a long time ago, in a courtroom far, far away, Bill’s med-mal case was in position 2 behind a garden variety road wreck case. Bill wanted to be in position 1 for reasons obvious to any plaintiff’s lawyer ready for trial with a significant case. Bill contacted plaintiff’s counsel in the first case to find out the difference between the demand and offer. After hearing the amount, Bill wrote a check to bridge the gap and voila, position 1! Like I said, too cool. Rest in peace Mr. Bird. I wish we could have shared a war story or two.

Dear Reader(s): It’s been a couple of months, time for another war story. The story is too long, so you may want to quit reading now. You’ve been warned. A long time ago, in a courtroom far, far away, in the days of joint and several liability, I was trying a worrisome case. It was a clear liability car wreck case with injuries. The liability carrier paid its limits, the UM carrier I was defending had lots of coverage, the settlement demand was high. The surgeon nicked the plaintiff’s esophagus during her cervical fusion. The plaintiff testified it felt like she had a chicken bone stuck in her throat every time she swallowed. It was awful. Surprisingly to me, the verdict was within the underlying coverage. When some jurors approached me after the trial, we discussed what they considered in arriving at their verdict. Their verdict had little to do with me. They happened to see the plaintiff wolfing down food at a buffet lunch restaurant like there was no tomorrow. They determined her actions were inconsistent with her testimony. Go figure. Addendum: I never derived satisfaction from a defense oriented verdict. I never lost sight of how the lives of real people were impacted by defense oriented verdicts. Prior to my Linkedin war stories, I never published a defense oriented verdict. My emotion after a verdict was limited to relief that the trial was over. My goal was to be a courteous and professional advocate throughout the litigation process and trial. I would always shake hands with opposing counsel no matter the outcome, because that’s what professionals do. I hope and trust that the lawyers who litigated with (against) me, agree that I achieved my goal.

Dear Reader(s): This isn’t really a war story. I’m not sure it has a point. Like all my stories, you had to be there. The ending reminds me of a Robert Frost poem. Although I’ve never regretted the road I’ve taken… A long time ago, after a trial in Gwinnnett County, I was in the parking lot at the same time as an exceptional, and all around great guy, plaintiff’s lawyer. He had just finished his trial. Our cars happened to be parked a few spaces from each other. I asked him how his trial went. He told me there had been a nominal offer and his deserving client received a verdict of $500,000.00. (Can you say contingency fee?) He asked me how my trial went. I told him there had been a fair offer and my client received a defense verdict. (Can you say billing $125 an hour?) We congratulated each other for cases well tried. Then we got in our cars and drove away. I in my Honda, he in his Porsche.

Dear Reader(s): My little girl grew up on me and got married. I had to share her picture, because that's what proud dads do. She's a beautiful girl, inside and out!

Dear Reader(s): My first war story for 2024. A long time ago, in a courtroom not so far away (Athens-Clarke County) I was defending the UM carrier at trial after the liability carrier paid its limits. When opposing counsel called his client to testify, the plaintiff struggled out of her chair, leaned heavily on her cane, and with great difficulty, took several minutes to hobble to the stand. After a thorough and sifting cross examination, she returned to her seat in an identical fashion. Although negligence was admitted, the verdict was well within the liability coverage. And the verdict apparently had nothing to do with said cross examination. According to the jurors who spoke with me after the trial, they happened to watch the plaintiff walk to a restaurant near the courthouse during the lunch recess. No struggling, no hobbling, no undue effort, no difficulty walking down the courthouse steps, and no cane. Oops. I have 3 related war stories to share in the months ahead. Be for-warned. Happy New Year.

Dear Reader(s): Happy Holidays to my family, my friends, my colleagues, and my reader(s). All have been a blessing to me.

Dear Reader(s): I’m thankful that every day is a great day. Happy Thanksgiving everyone! 🦃

She’s an amazing daughter, I’m a proud father.