Winning the Unwinnable Case

David Ball & Gary C. Johnson
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From David Ball's intro to this disc set:

This DVD is about the inspiring story of how one of America's best trial attorneys, Kentucky's Gary C. Johnson, prevailed in a nearly impossible case. This discussion's original purpose was to help other attorneys see how to deal with some of the most common problems encountered in nearly every personal injury case. But the discussion turned out to be more. It's one of the most inspiring stories behind a trial you have ever heard. You will find yourself playing this discussion over and over, before every difficult trial you ever face.

On October 17, 2002, a Knott County, Kentucky, jury ordered Equitable Resources Incorporated of Pittsburgh, Pennsylvania, to pay more than $270 million to Phairon Johnson of Deema, Kentucky. A series of focus groups conducted over the months before trial showed just how difficult this case would be. Instead of backing away from an unwinnable case, Gary Johnson used an approach he calls judo law to leverage the facts, and to turn the most difficult issues to his advantage. This approach turned this unwinnable case—in one of those counties that everyone said would never give a decent verdict—into what is believed to be the largest verdict ever given to an individual for a company's environmental negligence.

We believe the story behind this case will help and inspire you to be a better lawyer. Please enjoy watching, and keep a note pad or a dictating recorder nearby. You will want to take a lot of notes.


Disc 1 [78:04]

  1. Intro
  2. Case History
  3. Magnitude of Damages
  4. Discovery
  5. Technical Evidence
  6. People’s Law
  7. The Community
  8. Jurors Are No Different
  9. Big Case Expenses
  10. In Voir Dire
  11. Focus On The Well
  12. Underestimating the Ability to Disregard Evidence
  13. Maintaining Your Credibility
  14. The Defense
  15. Challenges Faced

Disc 2 [76:40]

  1. Judo Law
  2. Credentialing your Client
  3. Injury Specifics
  4. Connecting the Judo Law
  5. Fortifying Your Facts
  6. Keeping It Simple
  7. Repeating Your Theme
  8. Closing Arguments
  9. Losing A Case
  10. Pre-Existing Conditions
  11. More on Credentialing Your Client
  12. When to Bring in a Trial Consultant
  13. Learning from Focus Groups
  14. Incoming Bias of Jurors
  15. A Sounding Board
  16. Learning from the Case
  17. Flowing with the Courtroom
  18. The Positive Approach
  19. Don’t Be Afraid to Take a Verdict

Total running time: 2 hours 34 minutes

Also included in package: CDs of the same content

Additional Information


Publisher Trial Guides, LLC
DVD 154 minutes; 4 discs; 1st edition (2007); ISBN: 978-1934833087

Customer Reviews