Cross-Examining a German Shepard

After an Italian restaurant was destroyed by fire, its insurance company denied the claim and accused the owners of setting the fire themselves to collect the insurance proceeds. On behalf of the restaurant I filed a lawsuit against the insurance company, whose cocky lawyer guaranteed me that they’d win the case.  Several years later, after prolonged litigation and a colorful trial, he was proven wrong. After years of dealing with cause and origin experts, public adjusters and learning the fascinating science behind fire investigations, a dramatic trial played out at the Broward County Courthouse.  My clients, the restaurant owners, were colorful and hilarious, and they endeared the jury. The star witness for the insurance company turned out to be a German Shepard, but the jury served up a delicious verdict for the Restaurant nonetheless.

This case taught me just how much information can be learned from a handful of ashes. Sometimes lawyers have to educate themselves so they can become competent to handle a case. I spent a lot of time learning about accelerants, fire scene investigations, gas spectrometry and other forensic laboratory testing and results, and more. It was involved, but fascinating. I also learned from the most unlikely of teachers- Holly, an accelerant-sniffing German Shepard. The Fire Marshal testified that after the fire was extinguished, Holly alerted to the presence of an accelerant on the floor that turned out to be Sterno, which was used for the restaurant’s chafing dishes. Holly and her handler put on a very impressive demonstration for the jury, but somehow we won anyway, despite my inability to challenge her “testimony.” Holly taught me that no matter how talented you are as a lawyer, you still can’t cross examine a German Shepard- or any other dog for that matter.

I had never handled a fire insurance case before, and the defense lawyer (who devoted his career to defending fire insurance cases) was so cocky and sure of himself that he told me something I’d never heard from another lawyer: “I guarantee you we will win this case.” As soon as I heard that, I knew that I was going to win (which I ultimately did). My opponent underestimated my clients’ big personalities and high likeability factors. To boot, they were nightmare witnesses who were impossible to effectively cross examine. The trial was a true “dog and pony show,” and the jury awarded my clients the full amount of their claim. We celebrated the verdict that night at a four star Italian restaurant.