Reach Three

1. Tell your story through a timeline (continue to left click for slide transitions)

2. PRE INCIDENT FACTS SURROUNDING THE ACITIVITES OF JANE DOEEVENING OFJUNE 26, 2009* Jane Doe meets her friend Linda Grey along with Grey’s Mother and Sister at Cantina Laredo for Dinner and Cocktails. Doe consumes red wine. 6:00PM *Source: Linda Grey audio interview conducted by Officer Gellina on 07-10-09

3. PRE INCIDENT FACTS SURROUNDING THE ACITIVITES OF JANE DOEEVENING OFJUNE 26, 2009* Jane Doe meets her friend Linda Grey along with Grey’s Mother and Sister at Cantina Laredo for Dinner and Cocktails. Doe consumes red wine. 6:00PM Doe and Grey depart Cantina Laredo and head to New York Grill for dancing and cocktails. Grey’s Mother and Sister meet them there. Doe purchases a round of drinks 8:30 *Source: Linda Grey audio interview conducted by Officer Gellina on 07-10-09

4. PRE INCIDENT FACTS SURROUNDING THE ACITIVITES OF JANE DOEEVENING OFJUNE 26, 2009* Jane Doe meets her friend Linda Grey along with Grey’s Mother and Sister at Cantina Laredo for Dinner and Cocktails. Doe consumes red wine. 6:00PM Doe and Grey depart Cantina Laredo and head to New York Grill for dancing and cocktails. Grey’s Mother and Sister meet them there. Doe purchases a round of drinks 8:30 Doe and Grey depart New York Grill and head to Ouzo Blue Tavern for Ouzo shots while Grey’s mother and sister call it a night 10:00 *Source: Linda Grey audio interview conducted by Officer Gellina on 07-10-09

5. Make your point by emphasizing critical distinctions in the law

6. 440.02(3)(c)

7. “Employee” Includes: An independent contractor working or performing services in the construction industry 440.02(3)(c)

8. “Employee” Includes: An independent contractor working or performing services in the construction industry 440.02(3)(c) 440.02(3)(d)(1)

9. “Employee” Includes: An independent contractor working or performing services in the construction industry 440.02(3)(c) 440.02(3)(d)(1) “Employee” does not include: An independent contractor who is not engaged in the construction industry

10. LIABILITY UNDER VERTICAL IMMUNITY ACME CONSTRUCTION Plaintiff must prove by “clear and convincing” evidence that the employer deliberately intended to injure the employee; or that the employer engaged in conduct that the employer knew based on prior similar accidents or explicit warnings identifying a known danger was virtually certain to result in injury and death, and; That the employee was unaware of the risk because the danger was not apparent and the employer deliberately concealed or misrepresented the danger so as to prevent the employee from exercising his informed judgment regarding performance of the work.

11. Emphasize positive findings

12. OSHA INVESTIGATION

13. OSHA INVESTIGATION REFLECTIVE VESTS

14. OSHA INVESTIGATION REFLECTIVE VESTS ASSIGNED WORK ZONE TRAFFIC CONTROLLER

15. OSHA INVESTIGATION REFLECTIVE VESTS ASSIGNED WORK ZONE TRAFFIC CONTROLLER DAILY INSPECTIONS

16. OSHA INVESTIGATION REFLECTIVE VESTS ASSIGNED WORK ZONE TRAFFIC CONTROLLER DAILY INSPECTIONS ADEQUATE WORK ZONE

17. Highlight important passages

21. Point out significant injuries

23. Torn right Rotator cuff

24. Torn right Rotator cuff Bruised ribs

25. Torn right Rotator cuff Bruised ribs Fractured Left patella

26. Highlight important deposition testimony

27. Deposition of John Doetaken on 07/22/09 P. 7, L. 7-10 Q. Was there any discussion on the job site that standing water might cause a hazard to people that were driving through it? A. Yes.

28. Deliver your message Clearly