The once seemingly unwinnable Case of the Missing Cat was now sitting pretty. Between the note from Willie G., the animal shelter records, and the declaration from the landlord’s soon-to-be ex-wife, Judge Bushong decided we had enough evidence to overcome summary judgment and proceed to trial. The case sat dormant for over two years during the pandemic. Then, after the Multnomah County Courthouse re-opened, we got our jury trial assignment for November 2023. Before trial, Jason Kafoury, a trial mentor, coached me on how to discuss punitive damages with the jury, advising me to address punitives early and often, including in voir dire, with questions like, “Who here is comfortable allowing punitive damages in their verdict, even though you never get to know where those punitive damages go?” During motions in limine, my co-counsel, Kelly D. Jones, successfully struck all of the answer’s affirmative defenses, which required defense counsel to completely change their trial strategy just moments before voir dire began. At the beginning of jury selection, I asked if anyone made any pre-judgments about my client, based on the fact that his arms, neck, and face were covered with tattoos. One young male juror, clad in a suit, raised his hand and said, “Honestly, I assumed your client was a criminal. It speaks to me of questionable judgment.” “Okay,” I said. “I’m not going to let you on my jury. I hope that you will read in the newspaper how this case turns out.” Another juror revealed he was a lawyer and also a longtime friend of one of the defense attorneys. When I said he would almost certainly have to be excluded from the case, he pleaded to stay, explaining he had always wanted to serve on a jury. He assured me he would decide the case fairly and his friendship with the defendants’ attorney would not influence his verdict. I initially advised Smith we could probably challenge the lawyer-juror for-cause based on his preexisting friendship See The Cat Worth Seven-Figures p. 36 “The top offer to settle the case at that time was $30 — the cost to adopt a stray cat.” 35 Trial Lawyer | Fall 2024
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