These cases are “righteous,” explains host Michael Cowen, “because when a tractor trailer is backing across the roadway, it is very difficult for oncoming traffic to see the trailer in time to stop.” He and trial partner Laura Pazin Porter recently resolved just such a case, in which their clients’ father died after striking an 18-wheeler that was backing across a highway at night. Laura describes how she established trust with the grieving family members, and Michael reveals how he channeled his “Just Keep Swimming” mantra during adverse rulings. Together, they achieved a confidential settlement right before closing arguments.
Michael and Malorie welcome listener questions for a new “Ask Michael and Malorie Anything” feature. To submit a question, email Michael.
Featured Guest
Name: Laura Pazin Porter
About: Laura has over 20 years of experience in civil litigation, complex litigation, civil trial, and appellate law. She has participated in cases across multiple states and has been recognized as a “Texas Rising Star” by Thomson Reuters.
Company: Cowen Rodriguez Peacock
Connect: LinkedIn
Episode Highlights
[02:52] Fatal Trucking Crash – Laura describes the wrongful death case in which their clients’ father died after striking an 18-wheeler that backed across a highway at night, blocking all lanes.
[05:08] Placing Blame – The investigating officer blamed their client without conducting a proper reconstruction or considering visibility issues, creating an uphill battle from the start.
[08:22] On-Scene Witnesses – They provided crucial evidence about the facts of the crash, what could be seen, and what could not be seen..
[12:07] Seeing Is Believing – Michael explains their goal in meticulously recreating the exact crash conditions, although the judge ultimately excluded the compelling visual evidence.
[17:15] Challenging Jury Selection – Laura describes how they handled a “rough crowd” who initially called the case a “money grab” before ultimately securing a favorable jury.
[21:04] Psychological Perspective – A psychologist offered important insight on grief and loss, which bolstered the team’s mental anguish claim.
[29:58] “Magical” Examination – Michael describes Laura’s direct examination of the grieving sons as “the most magical experience I’ve ever had in the courtroom.”
[39:43] Emotional Rollercoaster – “As much as you never know for sure, I did really feel like we were winning that case,” Michael says of settlement discussions.
[40:38] Not Just Money: Ultimately, their clients agreed to a settlement in which the trucking company agreed to make a change that could save future lives. “We did something that I’m super proud of that wasn’t just money in this case,” Michael says.
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