I admit that prior to becoming an NMTLA board member I was extremely naive about the relationship between the practice of law, politics, political candidates and fundraising.  The law is created year after year in Courts, Congress, and State Legislatures.  Wealthy corporate interest groups would love for us to fall asleep at the wheel or better yet, die, because we are the individuals who hold them accountable by costing them money when they value profits over human safety.

If we do not financially support those elected government representatives who carry laws designed to protect the rights of injured or exploited people, then our courts will be rendered meaningless because the laws applied will be fundamentally unfair to those individuals who we represent. 

I know that I am preaching to the choir but this message is for those who have not yet contributed financially to fair minded candidates.  The favorable state of the law in New Mexico would not exist except for the half century efforts of those altruistically minded trial lawyers who keep scraping their dollars together to assist the candidates who believe in our cause. Thank you to these individuals who keep digging in their pockets over and over each year. I know some of us do not have as many dollars as others, but if each member contributed a small sum each month we would have hundreds of thousands of dollars annually to fight for justice and the burden would not fall on the few. 

Our battles inside and outside the court room will continue and our battles for candidates who will help us fight for justice will continue.  Whether you are a Democrat or a Republican this election will affect what we are able to do for our clients and what kind of a world we will leave for our children. The issues in this election call for vigorous debate, and I think it’s fair to say that we have answered the call. However, amid our differences, we are in this organization for one purpose – to fight for the rights of the injured and abused. I am hoping that after the election we can come back together and even reach out to those who think differently to find a middle ground that is productive. After all that is what we are asking our national leaders to do – to move our country forward. Despite all the turmoil, I am confident that our collective values and inherent strength will get us through this terrible time.

Please vote and encourage your staff, family and friends to vote.

Denise M. Torres

Whether a democrat or republican, you will probably never forget where you were on November 4, 2008. Americans were joined by people from nations all around the globe to celebrate what is certain to be remembered as a defining moment in American history.  Many Americans reflected a sense of pride even among those who did not vote for the 44^th President of the United States. Oh, how far we have come to have elected a half-African, half-white Midwesterner, with an Arab-sounding middle name, mostly raised by his grandmother in Hawaii 5,000 miles from the U.S. mainland. This event has provided enormous inspiration and hope to even cynical observers. It was thrilling to know that minority voters registered and turned out in record numbers. Younger voters became more engaged in politics. Friends and family members who never registered or voted, did both.

In his August 2008 acceptance speech for the Democratic presidential nomination, Barack Obama made it clear, “ours is a promise that says government cannot solve all our problems”…”programs alone can’t replace parents”… “government can’t turn off the television and make a child do her homework”… Obama’s appeal is that we all step up and assume our “individual and mutual responsibility” to improve life for our families, colleagues and communities. The advocacy of helping someone get elected was absolutely necessary. Now that the election is behind us, let us continue our commitment to making life better for New Mexicans. Many of our families struggle under the stress of our jobs, the rising cost of living, and insufficient time to support the positive development of our children or the well-being of our colleagues. While we hope our government will protect us and invest our resources wisely, we must still respect and safe keep each other’s interests, recognizing that caring for and supporting each other’s success is equally important. I think the members of NMTLA have always supported each other even in the midst of heated debates ranging from political races to judicial appointments.  I have always encouraged each of you to hold on to your beliefs but to please try and understand how it feels to stand in your friend’s/opponent’s/judge’s shoes/stilettos. You can be a fierce, ethical advocate without following someone back to their nest, stomping on their eggs, and wiping out their species.

We have more exciting things coming up like the toy drive and the legislative session. Don Vigil will be asking for help getting toys (My check should already be in the mail) and I will be asking for help to read and analyze bills and help state legislatures understand what bills will hurt New Mexicans. There will be a sign up calendar going around. Please sign up to travel to Santa Fe at some point between January 20, 2009 and March 21, 2009. I thank you in advance for your participation.

Denise M. Torres

During my tenure as NMTLA President I witnessed two historical events. The first was the election of a half-African, half-white Midwesterner, with an Arab-sounding middle name as President of the United States.  The second, only seven months later is the President’s choice of a Hispanic woman, Sonia Sotomayor, to fill the United States Supreme Court vacancy. The appointment makes history because Justice Sotomayor is only the third woman to be appointed to the United States Supreme Court and she is the first judge with a Hispanic background in a country where Hispanics now make up the largest minority. Justice Sotomayor’s legal qualifications span three decades including work at almost every level of the judicial system including serving as a prosecutor, corporate litigator, trial judge, and United States Court of Appeals judge.  She has more experience on the bench than anyone currently serving on the United States Supreme Court had when they were appointed. What makes this story fascinating is her unique personal story of growing up in Bronx government projects raised by a single mother who worked two jobs to provide opportunities for her children. Justice Sotomayor graduated summa cum lade from Princeton and served as editor of the Yale Law Journal. Sounds like an American dream. I believe that this inspiring woman with such depth of experience and breadth of perspective will bring additional value to the Supreme Court.

At the time I submitted my last article the session was still in full swing. I think most of us have recovered by now but I wanted to thank all those who worked so hard during this last session. Of course, Peter Mallery and David Duhigg, who work all year round preparing for what we will face during the session.  Pia Salazar who is our President elect did a wonderful job of organizing bill analysis. Hats off to the bill analyzers Paul Abrams, Steve Aguilar, David Archuleta, Ahmad Assed, Karen Aubrey, Theodore Barudin, Lori Bencoe, David Berardinelli, Sam Bregman, Carl Bettinger, Dick Blenden, Kristina Bogardus, Scott Borg, Arthur Bova, Margaret Branch, Turner Branch, Cynthia Braun, Barbara Buck, JD Bullington, William Carpenter, Patrick Casey, Gregory Chase, Randy Clark, Jeffrey Cluff, Greig Coates, Nancy Cronin, Katie Curry, Veronica Dorato, Michael Doyle, David Duhigg, Stephen Durkovich, Roger Eaton, Daymon Ely, Josh Ewing, Steve Ewing, Steven Farber, Richard Feferman, William Ferguson, David Fine, Philip Gaddy, Jane Gagne, Pia Gallegos, David Garcia, Douglas Gardner, Kyle Gesswein, James Gilman, Joseph Goldberg, W. Hal Grieg, Gerald Hanrahan, Richard Hardy, Michael Hart, Dusti Harvey, Rachel Higgins, Corbin Hildebrandt, Lee Hunt, Mac Hunt, David Jaramillo, Mark Jarner, Tammy Jasionowski, Eric Sedillo Jeffries,  William Keeler, Joseph Kennedy, Shannon Kennedy, Chris Key, Randy Knudson, Cherie LaCour, Stephen Lawless, Pierre Levy, Mike Lilley, Anthony Lopez, Cid Lopez, Kathy Love, Amalia Lucero, Randi McGinn, Edwin Macy, Peter Mallery, Ganesha Martin, David Martinez, Kevin Martinez, Richard Martinez, Carolyn Merchant, Elicia Montoya, Ron Morgan, Dennis Murphy, Steven Murphy, Olivia Neidhardt, Joel Newton, Dan O’Friel, Justin Pennington, Brady Pofahl, Victor Poulos, Bryan Query, Feliz Rael, Sam Rasheed, Lisa Richard, Linda Rios, James Roach, Bill Robins, Geoff Romero, Mike Ross, Robert Rothstein, Victor Roybal, Pia Salazar, Benito Sanchez, Maureen Sanders, Janet Santillanes, Joseph Sapien, Phillip Sapien, Devi Maria Schmidt, Fred Sherman, Bob Scott, Dan Shapiro, William Snead, David Stout, Mark Stout, Michael Stout, Patrick Sullivan, Bruce Thompson, Victor Titus, Mia Touchet, Gabrielle Valdez, Richard Valle, Matthew Vance, Ray Vargas, Donald Vigil, Douglas Vigil, Lisa Vigil, Steve Vogel, Scott Voorhees, Roger Wagman, Derek Weems, George Weeth, Duff Westbrook, John Westerman, Peter White,  Terry Word, Joleen Youngers and Diego Zamora. Our great appreciation to those boots/heels on the ground who showed up and waited and waited to speak to the legislators Lori Bencoe, Kristina Bogardus, Nancy Cronin, David Duhigg, Steve Durkovich, Josh Ewing, Steve Ewing, David Garcia, Dana Grubesic, Lee Hunt, David Jaramillo, Tammy Jasionowski, Mike Lilley, Anthony Lopez, Kathy Love, Peter Mallery, Ganesha Martin, Steve Moffit, Elicia Montoya, Dennis Montoya, Ron Morgan, Feliz Rael, Pia Salazar, Bob Scott, William Snead, David Stout, Patrick Sullivan, Ray Vargas, Lisa Vigil, John V. Wertheim, Peter White, Terry Word and Diego Zamora.  Thank those who wrote letters and sent e-mails. Thank those legislators who are champions ensuring that the rights of everyday New Mexicans are vigilantly guarded.

Other legal organizations are amazed at our collegiality, efficiency and effectiveness. When I read this list of caring and committed individuals I am not surprised at the difference we make implementing positive change for people in New Mexico, including promoting justice and fairness for injured persons, defending the constitutional right to trial by jury, and strengthening the civil justice system through education and disclosure of information critical to public health and safety.

It has been a pleasure and an honor to serve as the 2008-2009 NMTLA President for the sixty day session. I would not have been able to serve effectively if not for my partner Angel Saenz and my legal assistant Krista Ross holding down the fort, Karen and Steve Durkovich’s hospitality of providing a beautiful, comfortable home away from home and a lot of help from my friends – Lisa Vigil, Pia Salazar, David Jaramillo, David Duhigg and Peter Mallery thanks for always being one step, one text or one phone call away (ok Duhigg does not text).

Pia, I know you will do a wonderful job as President. We will all be here for you next year.

Thank you,

Denise M. Torres

“Yes we can” if we work together. The work has started in Washington, at the round house and within NMTLA. We must thank Pia Salazar the chair of this years COIR drive for planning and executing the most successful drive in our history. Also, thank you to the board members who participated in the drive and who contributed to COIR.

Many of us are looking to our new President to right the wrongs of the last administration.  The American Association for Justice (AAJ) called on President Obama to repeal regulations that limit corporate liability and fetter individuals’ access to the courts.

AAJ and NMTLA look forward to the Obama administration reaffirming the importance of a civil justice system that complements strong regulations. The efforts to give negligent corporations complete immunity, escape accountability, and leave Americans without any recourse has gone too far and must be reversed. Seven executive agencies have recently issued more than 54 regulations with language that preempts state tort claims. We have a Senate bill (Insurance Product Regulation Compact) being introduced this session that proposes to deregulate insurance which amounts to New Mexico insurance policies being regulated by a private corporation (the Commission) outside the oversight or control of New Mexico. If the bill is passed it eliminates insurance consumer claims being heard in New Mexico. Any claims by or against the “Commission” will have to be heard at its principle office in Washington, D.C. Further, states with strong consumer protections for long-term care policyholders could likely face management committee pressure to roll the policies back if they conflict with uniformity among the states within the compact.

President Obama has the power and will hopefully use it to restore the traditional balance between federal regulation and state-based consumer protections and ensure injured Americans have access to the courts when injured by negligence or misconduct. NMTLA is asking the same of our legislators during this sixty day session.

AAJ is also asking the U.S. Food and Drug Administration to open a rulemaking proceeding to “reinstate congressional intent” regarding the ability of consumers to hold medical device manufacturers accountable for their injuries, even from FDA-approved devices.

It is apparent that AAJ hit the ground running in the beginning days of the new Congressional session.  I hope NMTLA has done the same. David Duhigg and Pia Salazar have already asked many of you to review bills. Thank you for your thorough and thoughtful analysis. Many of you have already spent time in Santa Fe educating the legislators about bills that will harm New Mexicans. Thank you. Your time and your commitment (COIR contributors) is what has kept New Mexico’s consumer friendly laws alive and well.

Thank you to those Presidents and NMTLA Board Members who have come before me. I have always been amazed by this caring and committed group of inspiring professionals who by legal victories achieved on behalf of their clients make the world a better place – one case and one client at a time. Through your dedication and hard work you have built an efficient team who work tirelessly all year to effect positive change for people in New Mexico, including promoting justice and fairness for injured persons, defending the constitutional right to trial by jury, and strengthening the civil justice system through education and disclosure of information critical to public health and safety.

Serving as the President of the New Mexico Trial Lawyers Association will be a big commitment, as it is for the sixty day session. We can anticipate much of the same in Santa Fe this session, including the need to protect patient safety and the rights of those seriously injured or killed by medical malpractice and nursing home negligence; safeguard workers; and defend consumers from insurance lobbies looking to take away rights of those injured by wrongdoers.  Many of you have already pledged your willingness to volunteer your time and effort at the Roundhouse. Without the tremendous support from the Board and the NMTLA members we would not be so successful preserving New Mexican’s rights to hold wrongdoers accountable.  

Many of the challenges we will face will be the same and there will be new political and legal threats to fundamental principles of justice. Nonetheless, I know that serving as President is one of the most worthwhile commitments I can make in my career. I am both humbled and honored to take on the challenge and responsibility of the NMTLA Presidency. I look forward to working with my colleagues to ensure that the rights of everyday New Mexicans are vigilantly guarded.

                                                               – Denise M. Torres

Other than your medical bills your lost time and earnings commonly called lost wages are the days and hours you were unable to work due to injury and medical appointments. In many instances you can claim your lost time and earnings, even if you’ve had no actual loss of money. For example, when your salary is paid because you have taken sick leave, or because of an Accident and Health Policy that is available to you.

DOCUMENTATION OF LOST INCOME: If you are regularly employed by someone else, ask your supervisor, to write a letter for you, on company stationary. This letter should include: Your name, position, rate of pay, number of hours you normally work and the number of days, and/or weeks, you missed because of the accident.

Be ready to discuss with the insurance adjuster the following:

#1. If your work demands heavy labor and/or lifting.

#2. If you lost any vacation time or sick leave.

#3. If there was any loss of future earning capacity.

#4. If you were absent from one or more business meetings.

#5. If you were unable to make appointments with important or potential customers.

#6. If you had an opportunity for an interview that may have led to a better job.

SHOULD YOU BE SELF-EMPLOYED OR OWN A BUSINESS: Be sure to collect for the cost of any additional help you were forced to hire while undergoing medical treatment and/or recuperating. PREPARE YOURSELF AND BE READY TO DISCUSS: If your work demands heavy labor or lifting, how many hours you normally work each day and week, your average income per week, if your business lost money while you were laid up, and have proof as to how much.

To substantiate your claim you should consider presenting to the adjuster whatever documents will prove a loss in billing or services. Two simple examples would be:

#1. A diary or calendar showing appointment’s you had to cancel.

#2. Letters (or documents) which clearly reflect the reality of important business meetings you had no choice but were unable to attend.

COMMISSIONS AND OVERTIME: Commissions and overtime are absolutely legitimate losses you can claim. Be sure to obtain a letter from your employer, on his letterhead, spelling out the approximate amount of money you lost in commissions and overtime. This can be accomplished by reviewing last year’s figures, during the same period, then averaging them out for that identical space in time you were unable to work.

Be sure to collect for the full Gross wage’s you lost, not just the Net.

    One the most difficult decisions family members have to make is choosing a nursing home to place a loved one. John F. Kennedy said once that the strength and durability of a society can be judged by how it treats its elderly. From the cases my firm has investigated, we are not treating our elderly very well. 

     In general, we find that not-for-profit homes deliver better care than for-profit ones, and independently run homes provide better care than chains.   Data from the United States General Accounting Office shows that as of 2002, there were 1.7 million people living in 17,000 nursing homes in the United States.  Two-thirds of these patient’s bills were paid through Medicaid and Medicare an amount of about $42 billion in 2002. In New Mexico in 2002, over 80% of the nursing homes violated federal health and safety standards during state inspection. What is disturbing is that most of the “surprise” inspections were expected. 

         The following are some of the steps families can take when looking for a nursing home for a loved one:

• Read the Nursing Home Quality Monitor for homes to avoid and homes to consider. Start with the well performing homes that are near where you or your loved one live.
• Remember that nursing homes change ownership frequently and that a poor-performing home can become a good one (or vice versa) within a matter of months.
• Independent, nonprofit homes are generally the best place to start, but there are chains that rank in the middle of the pack that also provide good care.
• Read each home’s Form 2567, the state’s inspection survey of the facility. These surveys are public documents which you can obtain from the New Mexico Department of Health. If the home won’t make it available to you, be worried that there is something to hide.
• Make several unannounced visits to the facility. Danger signs would be seeing a lot of residents sleeping in the middle of the morning when you would want to see them up and about; substandard food at meals; or no snacks.

Denise M. Torres can be contacted at 505-526-3333 or via e-mail at DMT@zianet.com.

There are up to 80,000 reported child sexual abuse cases per year. Sadly, the number of unreported instances is far greater, because the children are afraid to tell anyone what has happened, and the legal procedure for validating an episode is difficult. The problem should be identified, the abuse stopped, and the child should receive professional help. The long-term emotional and psychological damage of sexual abuse can be devastating to the child.

Often there are no obvious physical signs of child sexual abuse. Some signs can only be detected on physical exam by a physician.

Sexually abused children may develop the following:

• unusual interest in or avoidance of all things of a sexual nature
• sleep problems or nightmares
• depression or withdrawal from friends or family
• seductiveness
• statements that their bodies are dirty or damaged, or fear that there is something wrong with them in the genital area
• refusal to go to school
• delinquency/conduct problems
• secretiveness
• aspects of sexual molestation in drawings, games, fantasies
• unusual aggressiveness, or
• suicidal behavior

Parents can prevent or lessen the chance of sexual abuse by:

• Telling children that if someone tries to touch your body and do things that make you feel funny, say NO to that person and tell me right away
• Teaching children that respect does not mean blind obedience to adults and to authority, for example, don’t tell children to, Always do everything the teacher or baby-sitter tells you to do
• Encouraging professional prevention programs in the local school system

Sexually abused children and their families need immediate professional evaluation and treatment. Child and adolescent psychiatrists can help abused children regain a sense of self-esteem, cope with feelings of guilt about the abuse, and begin the process of overcoming the trauma. Such treatment can help reduce the risk that the child will develop serious problems as an adult.

1) Have all drivers listed.

Check your policy carefully on each renewal to make sure that all licensed operators of your vehicle are listed and shown on the policy.

For example – The vehicle and insurance is shown in the husbands name yet no where on the policy is the wife’s name even mentioned though she has driven for 25 years accident free. What if another car was bought for her and she has no previous insurance experience to confirm? Under age drivers(25 yrs old) might be another
area of concern. People might believe they are saving money by not showing them as operators? What happens when they do get their own vehicle and can not provide accident free insurance experience – high rates or no coverage available.

2) NSF Payment Cancellations.

Be responsible on payments for your auto insurance. Cancellations for non payment, non sufficient fund cancellations can be very negative and costly to you. It may even limit what insurance company you can place your insurance with.

3) Depreciation – what may happen on a claim?

Being prepared and knowledgeable can make a big difference with the results of an auto claim.

For example- If your car tires are stolen and you report a loss under your comprehensive coverage your tires would not be replaced at full value. Such factors as age, condition, usage, wear and tear come into play. To protect yourself keep the original bill of sale and have written on it the actual mileage of the vehicle at the time of installation by the tire installer.

4) What can I do to keep the cost of insurance down?

Contact your broker and discuss how your use of the vehicle(s) at present is rated and how your insurance company classes are determined. A potential problem could arise at the time of loss if your use is not properly classified. Also, you could be paying extra money by being improperly rated.

5) What happens if I withhold information?

Figures released by the Insurance Advisory Organization (IAO) suggest that a significant percentage of both personal and commercial policyholders are not disclosing past claims to their insurers when arranging insurance. Whether the non-disclosure occurring is due to genuine errors, insufficient information being requested, or deliberately omitted, the real problem is that your insurance company may deny your claim because you did not disclose important information. 

               In this case, Plaintiff’s counsel takes the “picture on the puzzle box” analogy, commonly used to describe opening statements, and uses it as the basis for an attack on the defendant’s key evidence: the conclusions of a police investigator based on observations of the accident scene. While holding up for the jury the top of an actual puzzle box, plaintiff’s counsel alleges that because the skid-mark evidence had deteriorated before the observations were made, the police investigator was missing important pieces of the factual puzzle, and could not offer a true picture of what happened. Plaintiff’s counsel instead emphasizes the reliable accident reconstruction evidence to be presented by plaintiff’s “specialists.” At the end of the trial, the jury returned a $5.5 million verdict for plaintiff, with no reduction for comparative negligence.

When the doorbell rings at the Marca home in Deming, New Mexico, it does no good for Edwardo Marca to respond, he cannot open the door.

When the phone rings, Edwardo Marca does not answer it; he can not reach the phone.

When Edwardo Marca’s children need him in their bedrooms- Edwardo Jr., 17, years old, Christina, 14, and Jose, 8- Edwardo Marca cannot help them; his wheelchair cannot fit through the doors.

Edwardo Marca cannot get around without his wheelchair. He is almost as dependent on his wheelchair as he is on everyone around him for each and every one of his needs. The burden falls heaviest on his wife, Felicia, God bless her.

Edwardo Marca is quadriplegic, paralyzed.

He was not always this way, and the how and why he got that way is what this case is all about.

How is an easier proposition: Edwardo Marca was gravely injured in a car-truck wreck on Southwells Road, Grant County, New Mexico, shortly after three p.m. on May 18, 1992. The car that Edwardo Marca was driving met and had a sideswipe collision with a truck owned by Palumbo Electric and driven by Danny Montrose. The exact cause of the crash is in dispute. But you will find no dispute as to the fact that Edwardo Marca’s injuries were caused by eight-foot crossarms, extending out sideways off of the Palumbo Electric truck.

Why Edwardo Marco was injured is a question that this trial will answer.

At this beginning point of the trial, it is my job to guide you to the answer that will become clear by the end of the trial by alerting you to the evidence that you can expect to see and hear during this trial. Lawyers refer to an opening statement as a roadmap. I’ve heard others call it a bird’s eye view of the evidence. The bird’s eye view is helpful here.

Please imagine if you will, having a bird’s eye view of south west New Mexico on May 18, 1992. The following events would unfold: While a healthy 35-year-old, Edwardo Marca was pridefully working at Smith & Company smelter, 80 miles southwest of Deming, four Palumbo Electric employees were tying a truck. Danny Montrose was going to drive that truck from Deming to Animas, New Mexico. Palumbo Electric had a safety manual that clearly warned against that load. The crew did not think about safety; they did not care about safety. After the load was tied, Danny Montrose began driving to Animas at approximately two p.m.

While the truck was set on its course, approximately three p.m., Edwardo Marca began driving home to Deming with his car pool members. Edwardo Marca turned east on South Wells Road, for a change. [Those three words, “for a change,” quietly add drama, without melodrama.]

Danny Montrose turned west on South Wells Road, because he considered it to be a short cut to Animas. South Wells Road is a rough gravel road, It varies from 14 feet to 17 feet in width, and has one set of rut tracks on the south side. Because of the growth, it has limited sight distance. This road is not suitable for commercial type trucks, especially a truck loaded like Montrose’s.

Edwardo Marco approached the curve where the wreck was to occur at approximately 35 miles per hour; he began to slow.

Passenger Ronnie Quinto saw the truck through the bushes and said, “una troca”, which is Spanish for “a truck.”

Edwardo Marca slowed more as he moved closer to the right edge of the road. It is important to note that there is no sense of panic or fear from Edwardo or the passengers.

Danny Montrose approached the curve, in his words, “running approximately 35 miles per hour,” and because he was driving in the ruts on the south side of the road, he was on the wrong side of the road. As he entered the actual curve, Danny Montrose began to move toward his side of the road. You will find his truck to be at an angle at impact.

The drivers saw each other at about 100 feet from the point of impact. With approximately two seconds or less, neither driver could prevent the sideswipe contact which ensued. What should have been a relatively minor accident with little or no injury, turned out to be a disastrous one for Edwardo Marca. The vehicles slid against one another- Edwardo Marca’s left front wheel was torn off by the truck tool box and the sheet metal was torn. As the vehicles began to separate, the crossarms slammed violently against the top of the little car’s windshield, breaking Edwardo Marca’s neck. [Because the effects of the accident on the plaintiff’s life were described in the first sentence of the opening, there is no need to discuss them here. Instead, counsel can proceed directly from the image and sound of a neck breaking, to the key question of who is to blame for this.]

We will show you that all of Edwardo Marca’s injuries were caused by, number one, the grossly negligent manner that the truck was loaded in violation of the safety manual; two, the unsafe route taken by Danny Montrose; and three, that Danny Montrose was driving on the wrong side of the road prior to the collision.

To prove this, we have to tell you that we have some bad facts. After everything was done, a state police, Officer Crotty, did an investigation. Now, Officer Crotty does not work for any party. [By this statement, counsel implies that he has nothing personal against this public servant; it’s just that the officer’s conclusions are wrong.] Officer Crotty found what he believed to be 90 feet of skid marks on the gravel road which he attributed to Edward Marca’s car. However, you will see that identifying and measuring skid marks on dirt gravel roads is practically impossible, especially at this scene where no fewer than 12 vehicles drove through it from the time of the wreck until Officer Crotty took his measurements.

[Spoken while holding up puzzle box cover:] Some lawyers say that an opening statement is like showing the jury the picture on the puzzle box cover to help them put together the puzzle- I agree. Especially in this case, because it compares well with Officer Crotty trying to interpret what was on this dirt-gravel roadway. Officer Crotty did not have the benefit of the picture on the puzzle box.

In fact, some of the pieces of the puzzle were lost in the dirt. Officer Crotty did the best that he could, but because of the difficulty of the terrain, we have asked specialists in the field, called accident reconstructionalists, to assist you in putting together this puzzle.

After you put together the parts of the puzzle on how and why this wreck happened, you will be called upon to complete the total of the puzzle by putting the pieces of Edwardo Marca’s life back as best as you can with a fair and adequate verdict.

We do not ask for sympathy, we only ask for justice. Not partial justice or compromised justice- 100% complete justice.

Thank you.

                                                                                                -Angel L. Saenz

This material is reprinted as published in Opening Statements, with permission of Thomson Reuters.