2021 Spring - ABA-Litigation - Demonstrative Evidence: Tell and Show, by Jennifer L. Keller and Chase A. Scolnick, American Bar Association, VOL. 47 NO. 3 - p43-48 - 68p
(p44) - Trial counsel used the following graphic in a bellwether trial challenging an insurer's products:
The plaintiffs had purchased low-cost term life policies but demanded benefits provided only with more expensive insurance products. The defendant's counsel explained to the jury that those plaintiffs shouldn't get something for which they hadn't paid. Because the jurors weren't familiar with the differences among various life insurance products, counsel analogized the types of policies to automobiles.
The graphic likened the plaintiffs term policy to a Toyota Corolla and a more expensive whole life policy to a Mercedes Benz. The images were immediately recognizable, resonated with the jurors, and attacked the plaintiffs' argument. Even jurors unfamiliar with life insurance policies understood the argument that it was unfair and unreasonable for those plaintiffs to expect "a Mercedes" when they paid for "a Corolla" instead.
