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Reply #20: More good stuff about Edwards [View All]

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Home » Discuss » Archives » General Discussion: Presidential (Through Nov 2009) Donate to DU
frogmarch Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Nov-28-07 04:58 PM
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20. More good stuff about Edwards
http://en.wikipedia.org/wiki/John_Edwards
In 1993, Edwards began his own firm in Raleigh (now known as Kirby & Holt) with a friend, David Kirby. He became known as the top plaintiffs' attorney in North Carolina.<12> The biggest case of his legal career was a 1997 product liability lawsuit against Sta-Rite, the manufacturer of a defective pool drain cover. The case involved a three-year-old girl<14> who was disemboweled by the suction power of the pool drain pump when she sat on an open pool drain whose protective cover other children at the pool had removed, after the swim club had failed to install the cover properly. Despite 12 prior suits with similar claims, Sta-Rite continued to make and sell drain covers lacking warnings. Sta-Rite protested that an additional warning would have made no difference because the pool owners already knew the importance of keeping the cover secured.

In his closing arguments, Edwards spoke to the jury for an hour and a half and referenced his son, Wade, who had been killed shortly before testimony began. Mark Dayton, editor of North Carolina Lawyers Weekly, would later call it "the most impressive legal performance I have ever seen."<15> The jury awarded the family $25 million, the largest personal injury award in North Carolina history. The company settled for the $25 million while the jury was deliberating additional punitive damages, rather than risk losing an appeal. For their part in this case, Edwards and law partner David Kirby earned the Association of Trial Lawyers of America's national award for public service.<13> The family said that they hired Edwards over other attorneys because he alone had offered to accept a smaller percentage as fee unless the award was unexpectedly high, while all of the other lawyers they spoke with said they required the full one-third fee. The size of the jury award was unprecedented, and Edwards did receive the standard one-third plus expenses fee typical of contingency cases. The family was so impressed with his intelligence and commitment<12> that they volunteered for his Senate campaign the next year.

After Edwards won a large verdict against a trucking company whose worker had been involved in a fatal accident, the North Carolina legislature passed a law prohibiting such awards unless the employee's actions had been specifically sanctioned by the company.<12>

In December 2003, during his first presidential campaign, Edwards (with John Auchard) published Four Trials, a biographical book focusing on cases from his legal career. The success of the Sta-Rite case and his son's death (Edwards had hoped his son would eventually join him in private law practice) prompted Edwards to leave the legal profession and seek public office.
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