The Paralegal's Role in a Tort Case
The proposition that all legal matters are based on facts is especially true in the tort and personal injury field. It is here that the paralegal serves an invaluable function: the gathering, organizing, and summarizing of facts relating to tort claims. Recall, for example, the case of the woman who recovered damages from McDonald's because she was burned by the coffee they served. A paralegal was surely deeply involved in developing these facts:
The medical evidence about the nature of the burns and the physical restrictions caused by those burns — probably obtained through examination of the medical records and discussions with expert physicians
The cost of all the medical treatment received by the woman — probably obtained through the examination of medical bills and comparison with the opinions of the physicians about the necessity of the treatment
Evidence about the procedures used by McDonald's in preparing its coffee, including the considerations in selecting the coffee temperature of 180–190 degrees Fahrenheit — obtained through records from McDonalds, discovery responses, and summarizing statements and depositions from McDonald's employees
Evidence concerning the relative temperatures of coffee sold by other restaurants in the area (10–30 degrees cooler) and coffee from a home coffee-brewer (40–50 degrees cooler) — obtained from talking to witnesses, examining product information, investigating reports to federal and state agencies, and consulting with experts in the field
Examination of the financial records of McDonald's to produce evidence of profit margins, cost savings, and coffee sales that would allow the jury to determine an appropriate amount of punitive damages
The involvement of a paralegal in a case such as this is critical. It is likely that the work of one or more paralegals contributed substantially to the verdict of $160,000 in compensatory damages and $2.7 million in punitive damages (later reduced to $480,000 by the trial judge). These paralegals may have also contributed to changes in the way in which coffee is sold in this country.
