As you make your closing argument you are, hopefully, confirming for the jury that the decision they have already made is the correct one. Closing argument is your opportunity to convince the jury that a significant award is appropriate in your nursing home case because of the bad conduct of the nursing home and because the life of an elderly person is no less valuable than that of any other human being. The jury should understand that all life is precious and should end naturally, not because of a corporation’s greed and indifference. Closing is your opportunity to convince the jury of the righteousness of your case and the opportunity they have before them. It is an opportunity to protect those that cannot protect themselves and to make a difference in the quality of care nursing home residents receive.

Life Experiences, Dependence on Others, Bedsores, Just to name a few.

?:=duct !iabi!ity actiens in PJabama are govemed by the Alabama Extended Manufacturers' Liability Doctrine ("AEMLD"). The AEMLD is predicated on the strict liability doctrine promulgated by Section 402A of the Restatement (Second) of Torts ("Section 402AH)b, ut the AEMT,n has importa~dt ifferences.

A widow comes into your office and seeks advice regarding the death of her seventy year old husband almost three years ago. The doctor told her that these types of tragedies just happen sometimes during surgery, so she always thought his was a natural death. But recently, she saw news that a medical device, like the one used in his surgery, was withdrawn from the market due to safety concerns. You immediately order records to see if this device was used and whether it played a role in his death. Your review of those records reveals that not only does she have a product liability claim, but a medical malpractice claim as well.

Alabama first experienced the use of binding arbitration in our consumer contracts in late 1995. The first companies to include binding arbitration clauses were what we call the poverty industry – title pawnshops, check cashing outlets, and “catalog stores.” Across the state, many cases were filed against these type companies because of their deceptive sales tactics, fraud, and the usurious interest charged. As expected, these companies attempted to compel any and all cases to arbitration. Once the Republican majority led Alabama Supreme Court agreed that arbitration was the proper forum to resolve disputes against these companies, the door was flung open and the new “kudzu” took root and began spreading across our state creeping into every consumer contract imaginable. Now, binding arbitration is spreading into other states’ consumer contracts at a rampant pace.