A few jury trials ago I was faced with an empty chair defense in an automobile collision case. The defense was an (empty chair) driver negligently waived defendant to cross two lanes of traffic causing or contributing to the collision. The verdict form allowed by the court had a percentage of negligence line for the empty chair. The need to deal with this defense gave rise to “Unaccountability Lane.”
Now ladies and gentlemen we come to jury instruction number 16. This is the waiving driver instruction. Ladies and gentlemen this is the instruction defense wants you to use to find defendant unaccountable for it’s negligence.
Well ladies and gentlemen I looked on a road map of Snohomish County last night and you know there is no “Unaccountability Lane” in Snohomish County. That’s because in Snohomish County we are accountable for our actions.
So ladies and gentlemen you know what to do with the waiving driver defense- waive it out of Snohomish County because we have no Unaccountability Lane in Snohomish County. In fact ladies and gentlemen the argument needs to be waived out of state, because in Washington just like Snohomish County we are accountable for our negligence.
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