Sample Pretrial Statement

Below is a sample pretrial statement in a personal injury lawsuit. Ron Miller and Laura Zois tried this case in Baltimore City. The jury awarded over $500,000 which was a good verdict in a difficult premises liability case where contributory negligence was a big issue, and the pretrial offer was $100,000.]

THE CIRCUIT COURT FOR PRINCE GEORGE’S COUNTY, MARYLAND

NATASHA BEVENS
– Plaintiff

v

SEA SYSTEMS
– Defendant

CASE NO. 0702-0000000-2011

Sample Pretrial Statement

Plaintiff, Natasha Bevens, by and through her attorneys, Ronald V. Miller, Jr., Laura G. Zois, and Miller & Zois, LLC, offers this Honorable Court Plaintiff’s Pretrial Statement in the above-referenced matter.

STATEMENT OF THE FACTS

Defendant Sea Systems, Inc. was working in the electrical room the day before Plaintiff Bevens’s fall and failed to cover a hole in the floor. Defendant Sea Systems, Inc. was negligent for failing to properly secure the floor of the electrical room.

Plaintiff Bevens suffered from serious and permanent injuries. She suffered from a complex open right ankle fracture and dislocation which required surgery with hardware. She has permanent nerve damage to her ankle and foot which will require her to be on pain management for the rest of her life. Plaintiff Bevens is 38 years old and has a life expectancy of 43.6 years.

COUNTERCLAIMS, CROSS-CLAIMS, THIRD-PARTY CLAIMS

None.

AMENDMENTS REQUIRED OF THE PLEADINGS:

None.

SIMPLIFICATIONS OR LIMITATIONS OF ISSUES

Plaintiff has served Defendant with Requests for Admissions which could simplify some of the issues in the case, however, Defendant has not yet responded to the Requests.

ITEMIZATION OF DAMAGES

The plaintiff claims the following special damages to date:

JHU Bayview Medical Center	$23,143.23
Lifestar Response of Maryland	$374.00
All About Home Care	$720.00
JHU Bayview Medical Center	$33,621.45
JHU Physicians	$16,920.95
KCI USA, Inc.	$4,086.00
HomeCall, Inc.	$919.00
LabCorp	$153.00
JHU Bayview Medical Center	$21,098.92
JHU Physicians	$8,661.20
Robert Kissing, M.D.	$11,158.00
Concentra Medical Center	$306.27
Rehab at Work	$12,059.00
First Rehabilitation Resources	$11,096.94
Prescriptions:
Walgreen’s	$2,748.42
Drug City	$8,653.38
Injured Workers Pharmacy	$5,319.78
TOTAL MEDICAL BILLS TO DATE	$151,039.54
Past Lost Wages	$162,576.80
Future Medical Expenses	$  69,459.77
TOTAL ECONOMIC DAMAGES	$393,076.11

Plaintiff reserves the right to make a claim for non-economic damages for pain and suffering incurred in the past, and pain and suffering that is reasonably expected to be incurred in the future. Plaintiff also intends to present evidence of the need for future medical treatment including, but not limited to, pain management office visits three times per year, and orthopedic consults at least once per year.

Additionally, she must maintain her current medication regime including Fentanyl patches every three days, Endocet three times a day, Pregabalin twice a day, and Quinine once a day. Her annual medical expenses per year are $6,180.27 and her future medical expenses, based on her life expectancy of 43.6 more years, total $269,459.77.

LIST OF DOCUMENTS AND RECORDS TO BE INTRODUCED INTO EVIDENCE:

1. Medical Records and Bills of the Plaintiff;
2. A Summary of Plaintiff’s Medical Specials;
3. Defendant Sea System’s Answers to Interrogatories;
4. Incident Report;
5. Deposition Transcript of Witness Warren Bright;
6. Deposition Transcript of Witness John Damron;
7. Deposition Transcript of Witness Mark Robinson;
8. Deposition Transcript of Andrew Kinman;
9. Deposition Transcript of Averell Reinhart;
10. Deposition Transcript of Scott Snyder;
11. Photographs of the area where the incident took place;
12. Demonstrative video of the Plaintiff’s surgical procedure;
13. Demonstrative anatomical exhibits of Plaintiff’s ankle;
14. Radiological Imaging of Plaintiff’s ankle;
15. Life table of the Plaintiff;
16. Documents produced by Defendant;
17. Relevant portions of authoritative sources relied upon by experts;
18. Diagram of the electrical room; and

Deposition Exhibits

The plaintiff reserves the right to introduce any documents exchanged during the course of discovery that are not specifically identified above.

PLAINTIFF’S LIST OF NON-EXPERT WITNESSES:

1. Plaintiff, Rachel Bevens;
2. Defendant, Sea System’s Inc. corporate representative;
3. Witness, Mark Robinson;
4. Witness, John Damon;
5. Witness, John Dunst;
6. Defendant Employee, Andrew Linman;
7. Defendant Employee, Averell Meinhart;
8. Defendant Employee, Steve Snyder;
9. Margaret Bevens;
10. Dennis Bevens;
11. Barbara Williams;
12. Mary Wood.

Plaintiff reserves the right to call any witnesses identified by either party during the course of discovery not listed above.

PLAINTIFF’S LIST OF EXPERT WITNESSES

1. Dr. LeBron Wade, Johns Hopkins Bayview Medical Center, 4940 Eastern Avenue, Baltimore, Maryland 21124, is an expert in the field of emergency medicine and general surgery, and orthopedic surgery;
2. Dr. Kobe Gasol, John Hopkins Bayview Medical Center, 4940 Eastern Avenue, Baltimore, Maryland 21224, is an expert in the field of general medicine, rehabilitation, and pain management; and
3. Kevin Westbrook, CSP, P.E., SPA, inc., 203 West 11th Avenue, Baltimore, Maryland 21225, 410-789-5858, is an expert in the field of Workplace Safety and Human Factors.

Respectfully submitted,
Miller & Zois, LLC

Laura G. Zois
1 South St, #2450
Baltimore, MD 21202
(410)779-4600
Attorney for the Plaintiff

Certificate of Service

I, Laura G. Zois, do hereby certify that a copy of Plaintiff’s foregoing Pretrial Statement was hand-delivered on this ___day of ________, to:

Franklin & Prokopik
Two North Charles Street, Suite 600
Balti
more, Maryland 21201
Attorneys for Defendant

Laura G. Zois

Writing a Pretrial Statement

Drafting a pretrial statement is an essential part of the pretrial process in a lawsuit. It sets the tone for trial… and settlement. This statement provides the court and opposing parties with a clear and concise overview of your case, including the key issues, evidence, and witnesses you intend to present at trial. Here are some thoughts on writing a pretrial statement:

1. Understand Local Rules and Court Requirements
   • Review the local rules and court procedures governing the format and content of pretrial statements in the jurisdiction where your case is pending.  Every jurisdiction has different rules.  So if you just cut and paste our example pretrial statement above, you might look foolish. Each court has specific requirements.
2. Header Information
   • Begin with a header containing the court’s name, case number, the parties’ names, and the date of the pretrial statement.
3. Title and Introduction
   • Provide a brief title for your pretrial statement, such as “Plaintiff’s Pretrial Statement” (or “Defendant’s Pretrial Statement” if you are on the dark side).
   • Include a concise introduction that identifies you as the party submitting the statement and provides a brief overview of the case.
4. Statement of Facts
   • Summarize the relevant facts of the case. Be objective and avoid legal arguments or conclusions at this stage. You don’t win anyone over in a pretrial statement so now is the time to earn some credibility with the judge.  Focus on the key events, dates, and circumstances leading to the lawsuit.
5. Issues and Legal Theories
   • List the legal issues in dispute and the specific legal theories or claims you are pursuing.
   • If there are legal defenses or counterclaims, mention them in this section.
6. Witnesses
   • Provide a list of witnesses you intend to call at trial, including their names, addresses, and a brief description of their expected testimony.
   • Indicate whether each witness is an expert witness or a fact witness.
7. Exhibits
   • Enumerate the exhibits you plan to introduce as evidence during the trial. Use numbers or letters to label each exhibit.
   • Include a brief description of each exhibit’s content and relevance to the case.
8. Stipulations and Agreements
   • Mention any stipulations or agreements reached with opposing counsel, such as the authenticity of certain documents or uncontested facts.
9. Trial Schedule and Logistics:
   • Outline your proposed trial schedule, including the estimated duration of the trial, the order of witnesses, and any other logistical details.
   • Mention any motions in limine you plan to file or objections you anticipate during trial.
10. Settlement Discussions
    • Briefly describe any settlement discussions or negotiations that have taken place. State whether you are open to settlement discussions before trial.

A well-prepared pretrial statement is a crucial tool for the court to understand your case and prepare for trial. It should be concise, organized, and free from legal arguments or rhetoric. It should focus on presenting the essential facts, issues, and evidence that will be presented during the trial.

More Personal Injury Samples

• Plaintiff’s Pretrial Statement: medical malpractice
• Defendant’s Pretrial Statement: medical malpractice
• Sample Mediation Statement: negligence
• Mediation Statement: malpractice/nursing home negligence
• Personal Injury Complaints: examples of a variety of personal injury lawsuits our attorneys have brought in other tort cases
• Sample Expert Designations: examples of expert designations filed by our attorneys on behalf of our personal injury clients.
• Contact us or call 1-800-553-8082 if you are a lawyer looking for assistance in handling or trying a personal injury case