Here's the back story.... several years ago, an employee of a store accused me shoplifting. I was then humiliated in the middle of the store for almost an hour by the manager and other employees thereafter.
So I sue them. Yesterday they finally deposed the woman who started all this. She gave a great testimony for the defendants who are denying that anything ever happened since there is no police report or incident report, basically a coverup. It was a taped deposition with a videographer and a stenographer and the two lawyers.
Afterwards, I wanted to yell at her "Stop lying you stupid *****! Karma will get you and your kids! I hope your plane crashes (she's moving soon to another state)! You call yourself a religious person and lie through your teeth? You caused all this! You stupid *****!"
If I had said this would it have damaged my case? I mean she gave a great testimony, most of it lies, but she did sound believable and even my lawyer admitted this afterwards.
2006-09-28 03:12:41 · 7 answers · asked by STEWIE 6 in Politics & Government ➔ Law & Ethics
Yeah but it would've felt so good yelling at her since I will probably never see that ***** ever again.
But if I had done it would the videographer and the stenographer been called as witnesses to my "anger"? I mean would it have hurt my case legally?
2006-09-28 03:19:12 · update #1
She will not be attending the trial because she's moving out of state. This videographed deposition was her testimony and my lawyer did ask her questions prior to her lawyer doing it.
2006-09-28 03:20:38 · update #2
Well the video was turned off at that time. I wanted to say to her as I was walking out of the room.
I so regret not telling her this because her video will be the only one being used in the trial as she will not appear in person.
2006-09-28 03:33:29 · update #3
I agree with your lawyer on this one. You will have your opportunity to cross examine her in due time. While it may be hard to just sit there when you want to scream out that someone is lying, history in trails show that when people lose control, they generally lose the case. Hang in there.
2006-09-28 03:19:11 · answer #1 · answered by Bob D 6 · 1⤊ 0⤋
Yes it would hurt your case,But It would make you feel better, wait for your court date and have her subpeonaed for additional testimony,if your lawyer is good he will trip up all the liars,too many people involved to keep a story straight.
If you are ever involved in anything like this again insist on the police being called,then there is a report on record,I know this because I was accused of vandalism when I was a teenager(I was on vacationwhn it happened)I had to go to court to find out who said I did it, that's when they caught the real vandal,it was the people who said I did it...Good Luck in your case.
2006-09-28 03:28:09 · answer #2 · answered by tileboy17 2 · 1⤊ 0⤋
Although I understand why you wanted to scream and holler - in the end it WOULD have hurt your case.
Is she coming back for the trial? If not, did your lawyer rake her over the coals? He should have.
Your ultimate threat - don't "settle" - even if your lawyer tells you to (because it will be easier for him). Threaten you want "your day in Court" and make him demand that they make her available for trial. This, in and of itself, should raise the settlement value of your case considerably. They don't want to screw around with this crap.
Of course, this is NOT legal advice - you have a lawyer - go with what he says. If he did not cross-examine her - and this is the last time any of you are going to have a crack at her - think about getting a new lawyer.
2006-09-28 03:50:53 · answer #3 · answered by 34th B.G. - USAAF 7 · 1⤊ 0⤋
you have a piss poor lawyer...the job of the attorney is to make the opposition look bad in a deposition. A ) your lawyer didn't tell you that A+) your lawyer didn't make her look bad.....had you done it the other side would have made you look bad, on tape. chill the f_uck out. i can guarantee you the other side will apologize if you drop the case. do you want an apology or do you want money?
2006-09-28 05:13:20 · answer #4 · answered by Anonymous · 0⤊ 0⤋
>> If I had said this would it have damaged my case? <<
Absolutely. As she is leaving the jurisdiction the defense attorneys are apparently planning to use her deposition at trial (hence the video). They would love to have your outburst on tape & would probably try to get it into evidence before the jury. From this the jury could infer that you are excessively emotional when confronted with insults to your dignity or integrity & that therefore you are exaggerating the extent of your humiliation & damages.
2006-09-28 03:26:23 · answer #5 · answered by Anonymous · 1⤊ 0⤋
yes it would of made you look bad and that's exactly what they want. as hard as it is keeping your emotions in check it is the best thing for you to do. whether we think so or not we are held responsible for our actions and lies that turn our lives around for the worst. i know i have a judge and da lying and have unethical practices that are gonna put me in prison for 16 years. i am wanting to tell these unethical pieces of **** off. i might end up telling them off yet but it will be with tact and class. good luck on your case, and that ***** is evil.
2006-09-28 18:27:58 · answer #6 · answered by nellie 3 · 0⤊ 0⤋
If this woman could sit their cool as a cucumber and lie like that, I don't think your yelling at her would have any effect. You would have been the one looked upon unfavorably.
2006-09-28 03:17:04 · answer #7 · answered by Anonymous · 1⤊ 0⤋