Interest in this blog has exploded since the trial began, and though I have a definite opinions about how it’s going, readers should be cautious that I don’t really have anywhere near the insight that the “teams” have.
First, there’s the law. If I’ve learned anything reading motions and responses it’s that I don’t really have a clue about the law. Each of these counts has formal elements that must be proven or dis-proven to satisfy the law. I’m sure the attorney’s and the judge have their own score cards, and I’m sure they differ significantly.
Next is the jury. There’s a guy that has been coming in just about every day for a few hours and he sits quietly in the back of the courtroom where the view of the jury is best. He looks frequently at the jurors and makes a lot of notes. I don’t know which side he works for, but I’m pretty sure he is an expert in assessing the disposition of the jury and he is advising one of the sides in this. I haven’t noticed anyone else specifically, but there have been other loner type walk ins with less frequency and so I suspect both sides have some form of professional jury advice.
Then there’s the different ways this can be decided. Wolfeboro wants a total-loss $8.3 million verdict with treble damages – $25 million. WP wants the Jury to find that the site was damaged by the town’s overloading and that they met all of the required standards of care – $0 million. In between, there are remediation suggestions, and there have been amounts stated, and there are apportioned damages that are possible if the jury finds both sides were negligent.
You would have to be crazy to stick your neck out and speculate. But based on everything I’ve heard over the past three weeks, I can only say what I would like to see happen. After closing arguments, I’ll take a shot at it.