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Re: diannedawn post# 35812

Thursday, 12/29/2016 9:40:21 AM

Thursday, December 29, 2016 9:40:21 AM

Post# of 54032
That defense might be the weakest and most contrived of them all

And they are all pretty weak actually

First of all -- there are definable damages

Secondly -- besides the malpractice, their subsequent conduct prolonged and aggregated the period of damages many many months past what could have been mitigated by honest and honorable conduct once the malpractice was made aware to them

This will sound to a jury like "well, we should get away with our Injudicious acts because we don't think it actually caused definable damages"

That won't work

Cowan may find out the hard way that People, especially jurors, may sympathize with them more if they admit and take responsibility for their clear misdeeds rather than try to find a contrived argument to get away with them

These types of defenses clear the path to punitive damages. IMO

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