In Defeating the MIST Defense, Dr. Freeman explains how drivers and passengers can be injured in low speed crashes when there is little or no vehicle damage. Through use of probability, math, research, and common sense, Dr. Freeman teaches you how to prove that there is no such thing as "scientific certainty" in defense biomechanics testimony. He discusses how to use motions in limine to strike defense witnesses who rely upon junk science as the basis for their testimony, and in the event the judge fails to strike the defense witness, he explains how to expose the junk science often used by the defense biomechanists and crash reconstructionists. You will learn how to explain to a judge and jury why a biomechanist cannot determine your client's injuries, and why the treating doctors should be the only witnesses qualified to testify regarding injuries.
You will learn why there is no direct comparison between everyday activities such as a sneeze or sitting down in a chair and a traumatic injury caused by a car crash. And, as Dr. Freeman teaches, you will learn why probability does not work retrospectively, and how to use the scientific method to invalidate defense experts' opinions. This video provides insight as to why MIST cases should not be declined, and how you can win these cases at trial.
Dr. Freeman is one of the world's leading authorities on low vehicle damage collisions, and the minor impact soft tissue ("MIST") defense. His background as a forensic epidemiologist, physician, and crash reconstructionist allows him to disprove this "common sense" defense tactic in multiple ways.
*This video is part of a series by Trial Guides in which historical videos of America’s leading lawyers and experts are restored to create a unrivaled educational resource for plaintiff lawyers. Please note that due to the age of these videos, the original video tapes have lower resolution than today's DVDs. Royalties from this video series go to support state and county trial lawyer associations.
Disc 1 [56:24]
- MIST Defense Theories
- Factors of Risk
- Biomechanical Testimony
- Crash Reconstruction
- Determination of Occupant Forces
- Establishment of Injury Threshold
- Comparison of Occupant Forces
- Conclusion as a "Scientific Certainty"
- Biomechnical Testimony and Probability
- The Evidentiary Challenge
Total running time: 56 minutes