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.