Henry,
You are correct on all counts.
Expert’s credibility…witness’s credibility…defendant and plaintiff’s credibility_ all play their parts to the eventual verdict.
The credibility factor was one we would evaluate in terms of ‘percentages’ _in the overall trial.
One case I had that actually went to trial instead of settlement on a compromise basis _ was this woman [A Greta Garbo look-alike] showing _ the ‘percentage’ gamble.
She claimed she was raped as a tenant in an apt. building where the rapist had been able to gain access to her room via a fire escape to her window with a defective lock negligently maintained by the owner of the premises.
May well have happened, but she claimed that after being raped seven times, the rapist had fallen asleep in bed, and only then she got up running out in the hallway screaming ‘rape’ _
Responding neighbors found no one in the room…surely he must have escaped the same way he had come in.
While waiting for the police and ambulance she went to the bathroom to clean herself up and flushed the toilet allegedly containing the condoms the rapist had used.
She also showered, so the ‘rape kit’ test showed zilch for evidence of rape…sexual activity in her vagina.
Forensics of the bed sheets…showed nothing.
She immediately retained the most famous ‘rape lawyer’ in town, who filed suit against the Bldg owner.
I interviewed all the tenants in the Bldg, and discovered some unsavory habits of this woman, such as frequent male visitors at all hours of the day and night to pick up job resumes she was preparing.
Women tenants in particular stated to me that she was very promiscuous and much in need of $$$
The police investigations showed no indication of entry or rape.
So the battle of experts was on.
I had met the woman and spoken to her…and I had a sense that right or wrong…a jury would find in her favor as she came across in pitiful emaciated ways.
Of course she did not take the stand.
We knew our experts scored high in credibility…yet I recommended to our client that the case be settled on a compromise…because credibility and …’end results’ are two different animals.
‘No dice’ the client said…we want a trial…
Sure! 1 million dollars award plus $750,000.00 punitive damages against the owner for his gross negligence in not responding to the tenant’s many notices requesting the fixing a dangerous condition e.g.,. A defective lock on a window leading from her bedroom directly outside a fire escape that touched upon the ground down below.
She had awakened finding a strange man with a big knife standing by her bed and masturbating…terrified she told him she was dying of cancer…his reply was.., ’well then you should enjoy this because you are on the way out of this world’…
I could also tell you stories about the cases I had involving the negligence of general and subcontractors culminating in horrible deaths and property damage....and the contractual ramifications of 'hold harmless and indemnity agreements'
Because of this emphasis on simplicity, stability, and a combination of linear and circular motions, proponents claim that the style is more practical for self-defense than most other martial arts.
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