The following account is almost as good as my night at the Plank Road Walk-in Clinic.
The notice came about two weeks ago; I had been summoned for jury duty. Milwaukee County had finally caught up with all my moving around. I was only summoned as a reserve, so it was possible I wouldn't have to ever step foot in the courthouse. Call Friday, Feb. 22 after 5:30 p.m. the instructions said.
"Reserve jurors with last names starting with M through Z report to the children's court in
Wauwatosa at 8:15 a.m. on Monday, Feb. 25. Jurors with lasts names starting with A through L call back at noon on Monday, Feb. 25."
So far I'm in the clear, but the fact that work is an hour away means I still can't go in. I call at exactly noon.
"All jurors report at 1 p.m. at the County Courthouse downtown."
Well, at least I don't have to go all the way out to
Tosa, I think. Plus, it's moderately warm out (read: not booger freezing cold) so the walk down there won't be too horrendous. I walk into the juror assembly area, get my "juror" sticker and take a seat amongst the other cattle waiting for their name to be called. I get comfortable, well as comfortable as one can get in a plastic chair with people surrounding them. If nothing else, I'll be able to finish my book finally. I struggle to concentrate on what I'm reading as multiple people see it necessary to call everyone they know and carry on extensive conversations at louder than necessary volumes. The snoring from the woman behind me and the two guys slouched down to my left doesn't help the situation easier. Talk about good people watching though. I'd say a fairly accurate cross section of Milwaukee was represented: the best of us and the worst of us all together in one room where we could get all the free beverages our pallets desired.
An hour after settling in I hear my name. I grab my things and go stand on my number: 21. We are then led to Judge Timothy
Dugan's courtroom. The group of 31 settles in, the last 10 of us filling the seats in the audience. Jury selection has begun. We answer all the questions, none of which lend themselves to pretending to be a homophobic racist who hates immigrants and women. Damn. Again a list of names are called and once again Kimberly Kaiser is in the bunch. Fourteen of us, the 12 plus two alternates, remain in the room while the rest of the heard heads back to the assembly area to wait for another round. At this point it is already about 3 p.m. The opening statements are given and that is it for the day. We are told to return at 9:30 a.m. the following morning.
The next day quite possibly the most non diverse jury to ever rule gathers in the jury room. The courthouse is probably the best looking building in Milwaukee. The outside is amazing, and the inside is equally as impressive. Once you enter the jury room, a flight of stairs above the courtroom, this is no longer the case. The walls are bare. There is a cumbersome table with 12 chairs around it. Two additional chairs sit in the corners. There is a coat rack on one wall. Atop the coat rack sits a mountain of old magazines, two spare rolls of toilet paper, old water bottles and some random papers. A few of us make small talk, but for the most part we stare off into space or flip through magazines in which we have no interest. Finally, about half an hour late, we are called into the courtroom. For about the next two hours we listen to the testimony of the plaintiff and her sister. We hear them both flat out say the driver (the plaintiff) was not paying attention. The story, complete with tears, has holes and frankly is not overly believable. Although there is truth to it, I'm skeptical at best. We break for lunch. Most of us go down to the cafeteria and eat together. Strangers become, in a sense, friends. We will spend a total of 14 hours together so we might as well get comfortable.
We return to the courtroom to watch a video deposition for the plaintiff's doctor. It is boring. It is pointless. It takes a long time. We break. Fifteen minutes later we return for the defendants testimony, which will require the use of a translator. Awesome. The translator is less than impressive and a very broken down version of the defendant's side of the accident given. This story has even more holes than the plaintiff and her sister's. The stories don't match up. The only consistency is that both agree they didn't see each other, which is highly unlikely given all other circumstances. After cross-examination we break again. Finally, the lawyers both give their closing arguments. Neither is very convincing, both are bad speakers, both irritate me.
The plaintiff's lawyer is asking for $12,000-18,000 in compensation for the girl's pain and suffering. At this point, I nearly fall off my chair. You want $18,000 because your neck was sore from a little whiplash for (so you claim) six weeks. I don't think so. The defense lawyer isn't much better, although he suggests a much more reasonable $1,000 for pain and suffering.
Six questions must be answered:
1. Prior to or at the time of the accident was (whatever the defendant's name was) negligent?
2. Did this negligence cause the accident?
3. Prior to or at the time of the accident was the plaintiff negligent?
4. Did the negligence cause the accident?
5. If you answered yes to both 2 and 4, what percentage (adding up to 100) was each responsible for?
6. What amount if any should be awarded for:
a. medical costs
b. damage to vehicle (decided by court)
c. pain and suffering
We quickly and easily answer the first four questions in full agreement; yeses across the board. Question 5 we eventually come to a 5/6 agreement on as 60-40. We all agree all medical costs incurred were legitimate and should be paid in full (approximately $5k). Pain and suffering is another story. Some say as high as $10k and some say as low as zero. I compromise my true belief and say $1k, as the defense saw this as a fair amount. As 5 p.m. is nearly, the court clerk comes up to ask us what time we want to return the following day. We won't be wrapping this up in a day like we all anticipated.
At 9 a.m. the next morning we all file into our jury room. The barren white walls envelope us for what will be another 2 and a half hours. We revisit question five. Some of us, myself included, have had a change of heart. Good arguments are made. Bad arguments are made. Down right ridiculous and unfounded arguments are made. We still have two
dissenting jurors, but because I agree to
some one's half joking compromise of 55-45, I am able to convince the other 8 to come down from 60. Now on to the money question. No one has really budged on this one. And no one is able to make a strong case for why it should be one amount over the other. Finally, we agree to average all the numbers together and come up with $3,300. Although not happy with the result, I acknowledge that we are never going to agree on an amount and accept it.
Overall the experience was good I suppose. However, it took a lot of will power not to throw things at certain jurors heads or swear a lot. Among some of those most
irritating aspects was the tendency among many of the other jurors to keep going back to insurance companies and how they just want money. Ironically, when we had our little follow up question and answer session with the judge, he told us the insurance company had nothing to do with the lawsuit and the plaintiff was behind it not them. Interesting. I think insurance companies are difficult to deal with as much as the next person, but it was clear they had nothing to do with the case so why dwell on it? I'm pretty sure I walked out of the room with most of the people thinking I was cold and heartless, but I guess I'm OK with that.
I believed it when I walked into the room and I believe it now: money doesn't make the pain go away.
The $41 check for my civic duty is in the mail, I got two free bus passes and walked 9 miles this week (far more exercise than a normal week sadly), so it looks like I came out on top despite not being overly pleased with the results.