December 2, 2021
Dysart Taylor director Michael J. Judy discussed best practices for corporate representative depositions, including how to combat the popular Reptile Theory, at a Kansas Motor Carriers Association private training on November 17.
During his presentation, Judy explained Reptile Theory and shared tips to combat it during depositions. He shared deposition basics and recommendations on how to adequately prepare for any type of deposition.
Reptile Theory is a legal strategy plaintiffs’ attorneys utilize to call the most primal – or reptilian – part of a juror’s mind to provoke feelings of danger. An attorney then suggests ruling against the defendant as a way to eliminate the danger and protect the public. Reptile Theory is a driver of nuclear verdicts (a jury award that is significantly disproportionate to what would be expected given the economic damages in the case) and is most often employed during the depositions of drivers, safety managers and corporate representatives.
In his practice, Judy defends trucking companies and their drivers against personal injury and wrongful death lawsuits, advises transportation industry clients on key aspects of their business and guides clients to favorable results in defending claims against large and small entities at the local, regional and national level.