Mike Morse

The Road to Victory - Zero Offer to $75,000,000 Verdict for Wrongful Death Victim

September 3, 2024 5:30 PM| |TLU n Demand

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On the evening of March 18, 2019, Defendant Paul Wiedmaier picked Denis Preka up from campus, and they returned to Defendant Wiedmaier’s family home where Denis intended to stay the night and study for an examination he was scheduled to take at the university the following morning. To assist with his studies, Denis asked Defendant Wiedmaier for Adderall. Unbeknownst to Denis, Defendant Wiedmaier informed Defendants Nicholas Remington and Defendant Connor Gibaratz of Denis’ request. In response, Defendants instead provided Denis with MDMA and MDA (“molly” and “meth”) under the ruse that he was being given Adderall because they thought it would be funny to see how the drugs made Denis react. On March 19, 2019, Denis tragically died from drug intoxication. The night of Denis’ death was recorded over hours and posted on Defendant Remington’s Snapchat. In 2024, after five long years of waiting and extensive litigation, the attorneys for Denis’ Estate were able to obtain justice for his family.

This case dealt with the following issues:

1. Get damages evidence early: Gather all evidence of prior relationships with LOC takers under the Wrongful Death Act including photographs, letters, cards, academic achievements, athletic achievements, etc. early in the case to give it color. Use your clients’ own words to develop themes with the jury.

2. The more lines on the verdict form the better: This is especially true when it comes to damages. For example, having separate lines for the following can help a jury award more money. When asking for future damages, utilize a separate line for each year into the future:

• Past and present compensatory damages;
• Future compensatory damages;
• Past and present economic damages for wage loss and/or lost earning capacity;
• Future economic damages for wage loss and/or lost earning capacity;
• Medical or health care expenses;
• Future medical or other health care expenses;
• Funeral and burial expenses;
• Loss of society and companionship;
• Loss of financial support;
• Exemplary damages; and
• First Party No-Fault PIP benefits:
  • Allowable expenses
  • Work loss
  • Replacement service expenses
  • Attendant care service expenses
  • Survivor’s loss
  • Funeral and burial expenses
  • Medical Mileage
  • Interest

3. Mock trial: Focus group the issues, arguments and words for use in your case – practice, practice, practice your Voir Dire and opening argument for the best results in formulating themes and issues in the case/ streamline story.

4. Ask for big numbers: Prime Jury for large a verdict in Voir Dire, opening, and closing.

5. Less is more: Short depositions that hit the major issues can be effective and keep the jury’s attention. For example, our deposition of a medical examiner could have been streamlined to around 20 minutes instead of 45 minutes. The jury was clearly bored by the end of the deposition and were likely not retaining the evidence presented.

6. Fifth Amendment: In this case, 3 defendants were pleading the fifth. The law permits the jury to draw a negative inference from the fact that a witness asserted the Fifth Amendment privilege and did not answer a question. As such, it was vital to call each Defendant to the stand and ask them as many incriminating questions as the judge will allow so the jury can make adverse inferences. Their ability to make such an inference should be stressed in closing arguments.

7. Jury Selection: How to leverage the TV and Billboard power of Mike Morse who is a household name in Michigan.

8. Workflow Balance: How to get ready after not trying a case for several years after building and focusing on running a law firm.

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