Sarah Havens · Cassandra Thorson · Sean Simpson · Bo Fraser
$10M Trial Result: Making Diamonds from Dust – How to Win 8-Figure Verdicts with ‘Losing’ Facts
October 16, 2025 5:30 PM||
On September 28, 2013, 9-year-old (21 at the time of trial) Phoebe Strauss was swinging on a swing set in her grandmother’s back yard.The wooden swing beam supporting the swings split out and collapsed, hitting Phoebe in the mouth, and knocking out an adult tooth.
The swing set had been assembled 7 YEARS PRIOR by plaintiff's uncle and grandfather who failed to follow the assembly instructions, missing a crucial step (reinforcement bolts) which would have prevented the splitting of the top rail - to which the swings were attached.
The instructions stated that the bolts’ installation was, “mandatory,” an “important step,” and “prevents splitting of the wood.”It was undisputed at trial that the assemblers failed to install the bolts. Plaintiff’s liability experts testified (repeatedly on cross) that had those bolts been installed, this structure would not have collapsed. Additionally, there was a serious lack of maintenance alleged based on the photos.
Sarah and Cassandra contended that the product was nevertheless defectively designed, that the grandfather's mistake was foreseeable misuse, and that the instructions failed to properly warn of the danger.
At the Emergency Room Phoebe was diagnosed with a “mouth injury”, “no neurological findings, no head trauma, no loss of consciousness, no amnesia, no concussion, no post-concussion symptoms…Not a single medical record - from then until now – ever discussed concussion, head trauma, post concussive symptoms, or MTBI.
Five months post collapse Phoebe started having seizures which developed into a seizure disorder, the causation of which was heavily disputed.
Plaintiff’s MTBI was typical in that there was no objective imaging studies.However, the injury was much more complicated by considerable evidence of pre-injury cognitive learning dysfunction, ADHD and learning disorders. Since age 6, Phoebe had been in a Special Education Class with recorded temper tantrums involving violent and uncontrolled outbursts.The school records placed her far below grade level.
This was compounded by the fact that both father and mother were drug addicts addicted to meth, and there were serious concerns that the mother had done meth while pregnant. Visibly, mom looked like a drug addict.
But there’s more………. Both Defendants filed for bankruptcy months before trial requiring Cassandra to hire a team of bankruptcy attorneys who magically got the case out of the bankruptcy proceedings before the civil case judge ever knew about the bankruptcy filing.
Oh, and the Plaintiff’s did not preserve any of the swing set pieces, so we had a products case without a product.And the photos we had, made the thing look like it was falling apart.
Are we crazy?Maybe.But not for taking this righteous case to trial. This was a true case about a for-profit corporation cutting corners, putting profits over safety, and then victim blaming.
HOW DID WE DO IT?
Come find out!! We promise that these tactical skills – case framing, sequencing, sponsorship theory, pre-existing conditions, “damaged goods,” etc. - apply to any case.Don’t unknowingly make your case what the defense wants it to be about.Learn how to leverage risk against the carriers.Most importantly, learn how to get the hole shot and keep the lead through trial.
If you can't attend Live, Watch On Demand