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Effective Closing Argument

This closing argument addresses the burden of proof and establishes the link between lead exposure and the plaintiff's injuries. It discusses the lack of violations at One Archer Street and presents evidence of lead exposure at other locations. The argument also emphasizes the complexity of the human brain and challenges the medical evidence presented.

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Effective Closing Argument

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  1. Effective Closing Argument Thomas J. Cullen, Jr. Goodell, DeVries, Leech & Dann, LLP

  2. Truncated Closing Argument Based on Course Fact Pattern

  3. OAS, LLC – One Archer Street

  4. Your Honor’s Instructions • Burden of Proof • Substantial Contributing Factor To be a substantial factor in causing the plaintiff's injuries, the subject property must have been a source of the plaintiff’s exposure to lead, that exposure must have contributed to elevated blood-lead levels, and the associated increase in blood-lead levels must have been substantial enough to contribute to the claimed injuries.

  5. One Archer Street NO Violations issued by ANY agency during the twins’ residency, including: Maryland Department of the Environment Department of Housing & Community Development Baltimore City Health Department Housing Authority of Baltimore City

  6. Where Did Lead Exposure Occur? Visitation: Five High Street Visitation: Six Hill Street Two Band Street Three Church Street One Archer Street DOB: 6/26/1991 DAVID

  7. Where Did Lead Exposure Occur? Visitation: Five High Street Visitation: Six Hill Street Two Band Street Three Church Street One Archer Street All BLLs under 10 mcg/dL DOB: 6/26/1991 DAVID

  8. Where Did Lead Exposure Occur? Visitation: Five High Street Visitation: Six Hill Street Two Band Street Three Church Street One Archer Street DOB: 6/26/1991 EDDIE

  9. Where Did Lead Exposure Occur? Visitation: Five High Street Visitation: Six Hill Street Two Band Street Three Church Street One Archer Street All BLLs under 10 mcg/dL DOB: 6/26/1991 EDDIE

  10. Lead is a “Multi-Media Pollutant” Multiple exposure sources contribute to BLLs less than 10 mcg/dL In fact, investigations conducted in response to a child with a BLL greater than 15 mcg/dL often fail to identify a single source or risk factor and the challenge is even greater for lower level exposures. Low Level Lead Exposure Harms Children: A Renewed Call for Primary Prevention Report of the Advisory Committee on Childhood Lead Poisoning Prevention of the Centers for Disease Control and Prevention (January 4, 2012)

  11. Sources of Lead Exposure CDC & MDE Lead Gasoline Batteries Miniblinds Canned Goods Homes and/or Apartments built before 1950

  12. Sources of Lead Exposure CDC & MDE Lead Gasoline Batteries Miniblinds Canned Goods Homes and/or Apartments built before 1950

  13. Sources of Lead Exposure CDC & MDE Industrial Emissions Soil [leaded gasoline] Drinking Water Toys Ceramic items

  14. Sources of Lead Exposure CDC & MDE Industrial Emissions Soil [leaded gasoline] Drinking Water Toys Ceramic items

  15. Facts to Remember • At grandparents’ home, Five High Street, 3 days/week • Babysat at Six Hill Street 3 days/week Per the CDC, 74% of Homes Built Before 1980 Contain Lead

  16. Lead in Soil • EPA Lead Hazards in Soil • Play Areas: 400 ppm • Yard: 1,200 ppm • At 1,200 ppm in the soil, the IEUBK model estimates a mean BLL in the range of 8 to 11 mcg/dL • At 1,200 ppm, 4.7 million homes would exceed that standard

  17. Lead in Soil • Expert Environmental Assessment • Both David and Eddie played regularly in the dirt • Lead content found – up to 1,000 ppm

  18. Lead in Water • Dr. Hannah’s findings: • Can result in 4 mcg/dL variance in exposure levels • Specific issue in Baltimore City

  19. Preventing Lead Poisoning in Young Children A Statement by the Centers for Disease Control October 1991 *David and Eddie never reached a BLL of 10 mcg/dL*

  20. Where Did Lead Exposure Occur? Visitation: Five High Street Visitation: Six Hill Street Two Band Street Three Church Street One Archer Street All BLLs under 10 mcg/dL DOB: 6/26/1991 DAVID

  21. Where Did Lead Exposure Occur? Visitation: Five High Street Visitation: Six Hill Street Two Band Street Three Church Street One Archer Street All BLLs under 10 mcg/dL DOB: 6/26/1991 EDDIE

  22. The Human Brain • Incredibly Complex and Strong • *** • Consider Potential Contributors • To David and Eddie’s Development

  23. Action Levels for Lead Exposure

  24. Government Data on Lead Exposure * Exposure Levels Extremely Low * Blood Lead Levels of Population Group %

  25. Where Did Lead Exposure Occur? Focus on Individual NOT Risk

  26. The Medical Evidence

  27. Question to Ask Why will no medical doctor who has ever seen David and/or Eddie say that they have a brain injury or were brain damaged?

  28. Board Certified Pediatric Neurologist Jane M. Green, M.D. • Board Certified Pediatric Neurologist • Personally evaluated David • Personally evaluated Eddie • Normal Neurological Exam • No evidence any exposure at One Archer Street caused any injury • Capable of additional education and gainful employment

  29. Stanford 10 Achievement National Testing

  30. Question to Keep in Mind Would David and Eddie be any different today if they had never lived at One Archer Street? *Evaluate the Medical Evidence*

  31. The CDC and The American Academy of Pediatrics agree:

  32. Lead as a Factor in a Child’s Make-Up Lead as a Factor in a Child’s Make-Up 1 to 4%: Lead Exposure > 40%: Social and Caregiving Factors Remaining > 50%: Other Factors (i.e. genetics, etc)

  33. Focus on the Evidence

  34. Follow Your Honor’s Instructions

  35. Medical Evidence tells us what can happen to a child who is told he/she is brain damaged and cannot perform

  36. Jury Service THANK YOU

  37. The Art of Closing Argument

  38. The Art of Closing Argument 1 • Your Outline Should be Completed Before Opening Statement • Identify the Three or so Takeaways You Must Leave With the Jury 2

  39. The Art of Closing Argument 3 • Understand the True Dynamic at This Stage • Most jurors believe they know how they feel about the case • Most are anxious regarding what they are being asked to do and decide • Interested in help regarding their decision

  40. The Art of Closing Argument 4 • Capture Their Attention – Give Them a Reason to Listen • Sincere appreciation • Guidance to help them make a fair decision • Belief in position

  41. The Art of Closing Argument 5 • Identify and Explain Why They Should Decide in Your Favor • Report the Evidence - Don’t Just Advocate It • Present actual testimony • Use documents and specifc quotes 6

  42. The Art of Closing Argument • Employ a Multi-Media Approach • Demonstrative evidence • Actual evidence • Power Point • Video 7 8 • Use Instructions and the Verdict Sheet to Guide Your Presentation

  43. The Art of Closing Argument 9 • Honestly Assess and Openly Deal with Weaknesses in Your Case • Show the evidence • Give it fair context 10 • Critically Assess Whether You are Truly Helping Them Make a Fair Decision – It’s About Them

  44. The Art of Closing Argument 11 • Plan Your Finale

  45. Thank You

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