The Myth of the Jackpot Jury

By John L. Messina

Do juries give away too much money?  Many think so, but that is a myth.  Let me tell you about a recent trial that I mentioned in an earlier blog.  It is just one of many cases in the nation that debunk the myth.

My client, a 70-year old man, was walking into a local supermarket.  The store had set up displays in the entrance.  His view of those was blocked by a large crush of people in the narrow area between displays.  As he walked toward the front door, he did not notice that a watermelon pallet to his left had a protruding edge.  He caught his foot on the edge, tripped and fell. 

As a result of the fall, the client badly injured his shoulder and required surgery and a long period of rehabilitation.  His shoulder never fully recovered.  He will have pain and disability for the rest of his life.

The jury in the case accepted that the store was at least partially at fault, that the client was injured and that all of his claimed bills of about $48,000.00 should be allowed.  However, that jury awarded nothing for the injuries, the pain and suffering, disability, and loss of enjoyment of life.  Then the final blow came when they found him 90 percent at fault, thereby reducing his award by 90 percent, so that his recovery is about $4,800.00 in total.  So much for jackpot juries.

Fortunately, my client will probably get a new trial based on what this jury did. However, having to do it all over again is not the best form of justice.

The next time you hear someone complain about juries giving away tons of money, remind them that there are many cases like my client's.  Most important, tell them that in almost all civil cases, it is the party being sued or their insurance carrier who have requested the case to be heard by a jury.  Would they do that if “jackpot” juries were the norm?

Attorneys Duties Don't End at the Office

by James W. McCormick

I deeply believe that every lawyer owes a duty to help those in need find justice.  Lawyers hold a great deal of power in our society because they are given access to the courthouse and legal system that others simply do not have.  Because of this, it is the responsibility of every lawyer to help open those doors for people who otherwise would be shut out.  Often, too many lawyers forget this duty.

I try to live by this philosophy in my practice.  The clients I help at Messina Bulzomi Christensen have often been catastrophically injured.  Many have suffered losses of the greatest kind:  loss of life, family, limb, or health.  Others have lost a livelihood or way of life.  All too often those responsible for causing these losses have turned their backs on the people they have hurt, denying responsibility and shunning accountability.  Often the injured do not have the resources, know how, or the capacity to seek justice on their own behalf.  That’s where I see my role as a trial lawyer - as one who equals the playing field and steps up to help those who cannot help themselves. 



James McCormick receiving the
Washington State Bar
Association Pro Bono Award



A lawyer’s duty to provide access to justice doesn’t just begin and end at the office.  I firmly believe that we have a responsibility to help the most vulnerable: those who cannot afford to hire a lawyer access the courthouse.  Every year I donate many hours of time as a pro bono volunteer attorney to help those in need access justice.  Many of my pro bono clients have family law problems ranging from marriage dissolutions to child custody to domestic violence.  When you think about the nature of those problems, they are ones that cut to the core of our being and are some of the most personal any of us may ever have to face.  All too often, the most vulnerable of our society face these problems alone, and are the most heavily stricken.  There is nothing more rewarding in my profession than seeing hope restored to someone who had long ago given up.  By giving our time and our unique skill, we as lawyers must help those in need, and by doing so, we will make this world a better place.

I grew up in Eastern Washington on an apple and pear orchard near Yakima.  I attended the University of Washington where I studied political science.  After graduation, I was ready for a change of pace and I started law school in Missoula, Montana at the University of Montana.  After three years, I graduated with my law degree and also a master’s degree in public administration.  I was hired by, then Attorney General, Christine Gregoire as an Assistant Attorney General in Olympia, Washington.  I worked for the Department of Labor and Industries for two years doing worker’s compensation litigation all over southwest Washington before joining MBC.

Outside my practice, I stay busy with family and adventure.  My passions include skiing, off road motorcycling, sailing, running, and travel.  My wife, daughter, and I tend to enjoy just about all outdoor activities.  I love being near the water, whether it’s sailing, scuba diving, wakeboarding or exploring Puget Sound.  I’ve climbed Mt. Rainier, Mt. Adams, and Mt. Hood.  I try to motorcycle as much as I can, often riding local enduro races or just trail riding for fun with friends.  Recently I rode my motorcycle off road across Baja, Mexico.  In the winter I spend as much time as I can in the Crystal Mountain backcountry chasing fresh snow.