Thank You - And On Another Note.....

Thank you, thank you all for the comments and input you gave in response to yesterday's trial scenario. So it's clear, I do not represent Enterprise (as many of you tried to guess). I intentionally withheld the identity of the party I'm representing. I actually represent the insurance company that has been asked to cover the accident.

If anyone was wondering how the responses came out, it was a dead even split. Half of you would have found no coverage. You guys stuck to the strict language of the documents and seemed pretty peeved that these guys were not wise smart enough to get a hotel room for the night. The other half who found coverage seemed to hang your hat on the fact that the renter had implied permission to give the car to his less drunk brother. Some of you also were moved by the fact that someone was killed and that someone should be made to pay for that.

I really do appreciate the time and thought you all put into this. It really and truly is invaluable to my trial preparation. It's very enlightening to hear what people outside the case think of it.

Now- on another but related note - jury service. About once a month or so, I get a call from a friend or family member (you people know who you are), asking how to get out of jury service. I tell them all the same thing: don't try and you can't. Everyone tells me the same thing in response - I have to work, my boss will be mad, I'll lose my job.

I agree that jury service can be inconvenient. I was in the middle of preparing for two trials at the same time last year when I was called to serve. Fortunately, my juror number was never actually selected, so I was never put on an actual jury. But I at least knew that I would keep my job if I was called.

That's right, you're not the only person in the world who fears for his or her job. Apparently, there are a number of less than understanding employers who seem to think that their private personal gain overrides your legal and constitutional obligation to serve on a jury. The federal courts of this country do not look favorably on these folks. In fact, a January 23, 2009 decision handed down in DC required an employer to pay back wages, reinstatement and attorneys' fees to the employee who got canned for his jury service. This is the law of the land and you can bet that in an economy like this, if you unload your receptionist for sitting on a jury, you will pay for it...eventually.

More fun stuff tomorrow.