John Edwards in Four Trials, by John Edwards


On Government Reform: Judge's philosophy matters-juries rely on trust

As I sat in Judge Dupree's courtroom as a clerk, I came to understand how a presiding judge's philosophical leanings-the Judge was himself an ardent conservative-could shape the outcome of a trial in countless ways. A judge's influence is subtle but powerful. The parties and particularly the jury look to the judge as a rigorous protector of the law and take everything the judge says as serious, important, and impartial, whether it is the last of these or not.

For lawyers as well as judges, trials are about credibility-if a jury is to believe in your case, the jury must believe you. You have to earn their trust, and after you have earned it, you have to earn it again, every day.

The 12 souls who spend full days, full weeks, or sometimes long months sitting only a few feet from you get to know you almost as well as you know yourself. My faith in the wisdom of ordinary people took root in the mill towns of my youth. But the juries of my adulthood deepened that faith.

Source: Four Trials, by John Edwards, p. 11 Dec 1, 2003

On Health Care: Med-mal cases are about accountability for mistakes

[In my first medical malpractice case, I asked for $1.5 million. None of the counsels in our law firm had] ever handled a medical malpractice case before. Back in 1984, juries in a conservative region could scarcely fathom ruling against a doctor or any hospital in a civil proceeding. A car manufacturer, a restaurant, even a police force might be held responsible for damages if its negligence had caused injury to someone. But the notion that a doctor could be liable for causing a patient lasting harm was difficult to square with the public's view of a physician as a benevolent and all-knowing lifesaver.

But physicians err like the rest of us, and when, through neglect or reckless behavior, they cause damage, they must be held accountable for the consequences of their action or inaction. My challenge would be to shatter the jurors' prejudice in favor of a good but mistaken doctor and against an alcoholic client and to allow them to see the facts for what they were. [Edwards won the case].

Source: Four Trials, by John Edwards, p. 22 Dec 1, 2003

On Principles & Values: On birth of 1st son, thanked wife for what he always wanted

[In July 1979 Edwards' wife went into labor.] Elizabeth was wheeled into X-ray. Our obstetrician read the X-ray and recognized that the baby would not be able to fit through the pelvis, and so he prepared for a cesarean delivery. Hospital policy being what it was in 1979, I was left at the delivery room door.

While the anesthesiologist hovered over Elizabeth, she strained to listen to her obstetrician and heard him say, "It's dead." The stillborn baby [from a previous pregnancy] fresh on her mind, she was frantic. Elizabeth did not know that they were talking about the cauterizing machine, which had lost power. It was nearly midnight on July 18 before she was finally relieved by the sight of our son, alive, healthy, and loud.

When they brought him to me, fresh from delivery, he was discolored and bruised. He was also the most beautiful thing I'd ever seen. All I could say to Elizabeth was "Thank you for giving me what I always wanted."

Source: Four Trials, by John Edwards, p. 49-50 Dec 1, 2003

On Principles & Values: Makes most speeches from notes, not a prepared text

Today I give speeches on the Senate floor much as I presented my closing arguments as a trial lawyer. I don't read from a prepared text. Instead, I organize a body of ideas and then distill them down to a short series of points that I write out on a piece of paper, barely legible, even to myself. This approach doesn't always yield the most flowing rhetoric, but it allows me to speak to the jurors from the heart. The struggle to earn and keep credibility begins the first time the jury sees you, and it does not end until the jury door closes. An artful and beautifully constructed closing argument read from a sheaf of papers is, in my view, just like the defense's parade of nurses each reciting the same speech. The perfection of it was alluring but does not have the ring of truth to it. If I spoke directly and plainly to the jury, I could convey, however imperfectly, what I truly believed. And that is what I needed to do.
Source: Four Trials, by John Edwards, p. 96-97 Dec 1, 2003

On Health Care: Campbell verdict empowered nurses & informed consent

[In the Campbell case. Edwards won a $4 million judgement that hospitals were responsible for ensuring that nurses could override doctor's mistakes.] The Campbell verdict set in motion a wave of reforms throughout the North Carolina medical community. Almost overnight, hospital board members ratified procedures through which personnel could go up a chain of command to protect a patient's welfare. Hospital nurses later reported to us that they were empowered by the reforms. Hospitals would be stronger now, and safer. On the legal front, Jennifer Campbell v. Pitt County Memorial Hospital made case law on the issue of informed consent: a hospital could now be held liable if it failed to ascertain whether a patient understood the various risks associated with a medical procedure.

After the headlines stopped, I could take some satisfaction in the changes I saw happening. But in the end, this was always a case about one family, about a six-year-old girl and her parents, good working people.

Source: Four Trials, by John Edwards, p.113 Dec 1, 2003

On Principles & Values: Mill-town job persuaded him to get college education

In high school, the ambitions I had were vague; I only wanted to please my parents. And they wanted me to do things that would make me happy. At first I didn't understand why they had such a strong ambition for me to find a life beyond the mill town. But at one of my early summer jobs in a weaving room, I began to understand how genuinely hard the life of my parents-and so many other people-really was. And why they wanted something different for me.

The weaving room was massive, with great throbbing looms and a big system of ducts that pulled as much dust as possible out of the generally foul air. The noise was deafening, the ducts poorly lit, and the lint that stuck to them was black and wet. I was sixteen, and my job was to clean those ducts. At night I would come home caked with sweat and covered with some obscure residue, and my mother's face would always grow tense as she opened the door and I walked into her clean house. "Now you see," my dad would say, "why you need to go to college."

Source: Four Trials, by John Edwards, p.122 Dec 1, 2003

On Corporations: Howard verdict forced trucking companies' safety training

[Edwards won the Howard case, which awarded punitive damages against a trucking company for an accident by one of its drivers, who was induced to drive unsafely because of incentive pay.] There are 2 endings to the Howard saga-one quite happy, the other less so.

The trucking industry did indeed take notice of the verdict. Trucking firms in the state of North Carolina were soon placing greater emphasis no driver safety training. Some companies even abandoned the practice of paying drivers by the mile.

Unfortunately, the insurance companies lobbied the Republican state legislature and soon a bill was passed disallowing punitive damage awards against a company as a result of an employee's actions, unless the particular action was specifically ratified by corporate officers.

Yes, our lawsuit had sent a message, and that message ultimately was: if you don't like the law, change it. The message to me was: if you can't help enough people being a lawyer, consider being a lawmaker.

Source: Four Trials, by John Edwards, p.157-8 Dec 1, 2003

On Principles & Values: Lawyers help people, lawmakers help many people

[Edwards won the Howard case, which awarded punitive damages against a trucking company for an accident by one of its drivers], who was induced to drive unsafely because of incentive pay. Trucking firms in the state of North Carolina were soon placing greater emphasis on driver safety training, and they were equipping more and more of their vehicles with governors to regulate driving speed. Some companies even abandoned the practice of paying drivers by the mile.

Unfortunately, the insurance company also did what many powerful businesses do, lobbied the state legislature. Soon a bill was passed disallowing punitive damage awards against a company as a result of an employee's actions, unless that particular action was specifically ratified by corporate officers.

Yes, our lawsuit had sent a message, and that message ultimately was: if you don't like the law, change it. The message to me was: If you can't help enough people being a lawyer, consider being a lawmaker.

Source: Four Trials, by John Edwards, p.157-8 Dec 1, 2003

On Principles & Values: Climbed Mt. Kilimanjaro with his teenage son

In the summer of 1995, [my 16-year-old son] Wade and I decided to climb Mount Kilimanjaro with 2 friends.

By the fifth night, before the six-hour push to reach the summit by dawn, I was feeling as helpless as a child. When a harsh chill set in around midnight, I simply couldn't go on. [My climbing partner] asked, "What do you want out of this trip?" I said weakly, "for Wade to make it to the top." And so we agreed: the other three would go on, while I would stay behind with one of the porters.

They made the summit just after dawn. My son said, "I never would have thought I would have been able to do something so hard." The three began the 14-hour journey downhill. Just then, a battered sight came into view. It was me--numb toes, pounding headache, and all. They joined me for the short ascent to the summit.

It took months for two of my toes to regain their feeling. But that wasn't what mattered. That trip to Africa with my son is worth a book in itself. It was worth everything.

Source: Four Trials, by John Edwards, p.165-8 Dec 1, 2003

On Principles & Values: Lost teenage son in a traffic accident

No one loved the refuge [of our beachhouse] on the Carolina coastline more than [my son] Wade. On April 4, 1996, [when he was almost 17], Wade was behind the wheel of his Jeep Grand Cherokee with his friend Tyler in the passenger seat. Wade took care, as he always did.

I cannot tell you why such care was not enough that afternoon. I can only say that there are crosswinds on certain stretches of that interstate, and one of them swept my boy off the road. Tyler walked away. Wade was dead.

My son Wade remains as alive in my heart today as he was alive in my heart then. Nothing in my life ever hit me and stripped everything away like my son's death.

At the funeral service, our house was filled with friends and family. Then it was not. For many weeks, we felt nothing in that house but Wade's absence.

But we were not about to let go of our son, and it was that determination that brought us out from the paralysis of grief. Elizabeth and I formed the nonprofit Wade Edwards Foundation.

Source: Four Trials, by John Edwards, p.172-3 Dec 1, 2003

On Corporations: Product liability suits attack corporate indifference

[In a case where a 5-year-old girl was eviscerated by a pool suction drain, we considered 4 parties responsible; 3 settled. We sued the manufacturer of the pool drain cover, Sta-Rite.]

North Carolina's product liability statute was not crafted with the best interests of [negligence victims] in mind. For example, it protected a manufacturer from liability if its product had been altered or modified from its intended use. Sta-Rite contended, "If the screws are in place [on the drain cover], it's not a hazard," but they didn't indicate in their instructions that screws were required,] Sta-Rite had dumped a product on the market without considering its hazards. Underlying this case was Sta-Rite's corporate indifference. It's hard to sit there and listen to strangers say, "Lawsuits like these are what's wrong with America!" and then go home to your innocent daughter and her feeding tubes. [The jury awarded $25 million against Sta-Rite].

Source: Four Trials, by John Edwards, p.187-198 Jan 1, 2004

The above quotations are from Four Trials, by John Edwards.
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