Today saw closing arguments, followed by the judge instructing the jury on procedures and matters of law. The jury went out just after noon. As of about 3:30 there was no verdict. I asked to be notified, but may not know until it is posted on the courts Electronic Filing System, which can take a day or more.
Dave Ford told me this morning that the judge ruled in Wolfeboro’s favor on the motion to reject WPs comparative fault and betterment defenses. Nevertheless, Mr. Dennehey in his closing arguments treated the comparative fault issue qualitatively rather than quantitatively. That is to say he argued that it’s all Wolfeboro’s fault.
In her closing statements, Ms. Cull made a big deal out of the fact that only Mr. Brown testified for WP. After 3 weeks of trial, 2½ by Wolfeboro, I have to wonder if the Jury doesn’t actually appreciate not being subjected to a parade of do-overs. Maybe they’re thinking “nuff said”.
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