Sarah Havens

Come learn the magic of deep dive case framing for true justice. Stop letting the Defense frame your case! Understand the detailed trial strategies that made this result a reality: perspective storytelling, sequencing, sponsorship theory, preexisting conditions, “damaged goods,” “profits over safety,” and victim blaming, creating risk for the carrier, and more……. These skills apply far beyond product liability — to premises cases, auto cases, and virtually every difficult personal injury case. Learn how to create risk, take control of the story, get the hole shot, and keep the lead through the verdict.

The Case: On September 28, 2013, nine-year-old Phoebe Strauss (21 at the time of trial) was swinging on a swing set in her grandmother’s backyard when the wooden beam supporting the swings split and collapsed, striking Phoebe in the mouth and knocking out a tooth. Years later she was diagnosed with a seizure disorder which the Plaintiffs claim was caused by the swing set incident.

Liability: The swing set had been assembled seven years earlier by Phoebe’s uncle and grandfather. It was undisputed that they failed to follow the assembly instructions by missing a critical step: installation of the reinforcement bolts designed to prevent the top rail from splitting where the swings were attached. The instructions expressly stated that the bolts were “mandatory,” were an “important step,” and “prevent splitting of the wood.” It was undisputed at trial that the assemblers failed to install those bolts. In fact, Plaintiff’s own liability experts repeatedly conceded on cross-examination that, had the bolts been installed, the swing set would not have collapsed. The few photos of the failed swing set showed a significant lack of maintenance and weathering.

Causation: Phoebe’s ER records showed no neurological findings, no head trauma, no loss of consciousness, no amnesia, no concussion, and no post-concussive symptoms. Not a single medical record — from the date of the incident through trial — diagnosed a concussion, head injury, post-concussive syndrome, or MTBI. There were no objective findings on MRI or imaging studies. Phoebe’s treating Kaiser neurologist confirmed that the seizures were not caused by the incident.

There was extensive evidence of preexisting cognitive, behavioral, and learning issues. Since age six, Phoebe had been in special education classes and had been documented ADHD, learning disorders, and behavioral outbursts. Her school records placed her significantly below grade level. The defense also pointed to difficult family history facts, including both parents’ methamphetamine addiction and concerns that Phoebe’s mother had used methamphetamine while pregnant.

And there was more. Both defendants filed for bankruptcy just months before trial, forcing Cassandra to retain bankruptcy counsel and get the case out of the bankruptcy proceedings before the civil trial judge became aware of the filing. To make matters worse, Plaintiff did not preserve any of the swing set components, leaving counsel to try a products case without the product. And the available photographs made the swing set appear worn, neglected, and poorly maintained.

Crazy to try this case? Maybe.

But it's not crazy to believe in it.

At its core, this was a righteous case about a profit-hungry corporation cutting corners, putting profits over safety, and then blaming the victim when the foreseeable consequences of that conduct caused harm. And we had a blast trying it! Come learn and have fun!