THE MORNING COMMUTE IN ARBITRATION: THE EVIDENCE CASE MATRIX IN THE JIM PETERSON CASE

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THE MORNING COMMUTE IN ARBITRATION: THE EVIDENCE CASE MATRIX IN THE JIM PETERSON CASE

THE MORNING COMMUTE IN ARBITRATION

THE EVIDENCE CASE MATRIX IN THE JIM PETERSON CASE 

 

A routine day with the morning commute for Jim Peterson.  Routine that is until he was struck from behind by alleged tortfeasor Dominic James.  Peterson had slowed to allow an ambulance to pass and was hit at the point where the road narrows due to traffic cones.  So let’s take this fact pattern (over the next several issues) and apply it to the Evidence Case Matrix.  We have an array of proofs to work from … transcribed Statements to Photos to the Police Report and evidence we’ll create like a Scene Diagram.  We already know the categories for our Matrix; Analysis and Evaluation. Also, we know the Elements we need to prove to prevail (Duty Owed, Breach of Duty, Proximate Cause and Proof of Damages) and we can accomplish that within the confines of Necessary Facts, Sources of Proof, Probative Value and Persuasive Impact. We’ll take all of this and fit it to the Grid !  Let’s begin by assessing three (3) things … #1) - what is it we need to prove ?   #2) - what is the value of each individual proof ? #3) - what is the persuasive impact of each Evidence item ?  If we take just the Police Report as an example … we would want to assess the details within the Report.  In essence, to our three points … what does the Report truly describe or show; what is its value to the proof and what is the impact in supporting same ?  Since what we’ve discussed here is already ‘pre-filled’ within the framework of the Matrix we essentially start with completing the Necessary Fact for each element.  Think of it as if you are working horizontally across the page with the Elements listed in a column down the left hand side.  We need a Necessary Fact filled in for the Duty; the Breach; the Proximate Cause and the Damages.  Let’s do that next week !  We know James is at fault … the Matrix will help us prove it ~

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