Wednesday, July 22, 2009

Namby CLE: Discussions on a new civil defense

2:26:52 PM
Defense Counsel: Our affirmative defense: Plaintiff was walking at the aforesaid property carrying, among other things, a large bag, a large beverage commonly known as a “Big Gulp”, and two newspapers.
2:27:10 PM
Me: how is that affirmative
Me: and/or a defense?
Me: or
Me: is this a derivative of the Chewbacca Defense?
2:29:36 PM
Defense Counsel: Plaintiff was not in exercise of due care for herself
2:29:55 PM
Me: clearly she was
Me: she was hydrating appropriately
Me: while exercising her upper body
2:31:54 PM
Defense Counsel: I'm calling it the Big Gulp Defense