Proving Negligence at Trial: Using Digital Dominos - On Demand CLE

In The Domino Theory, trial attorney Edward Capozzi lays out a clear strategy for showing how the defendant’s negligence was a proximate cause of the plaintiff’s injuries in a soft-tissue injury case. However, in many cases, proving the defendant was negligent is a difficult first step for many plaintiffs’ attorneys. Negligence is defined as the failure to exercise the degree of care that a reasonably prudent person would use under similar circumstances. It involves either doing an act that a reasonable person would not do or failing to act as a prudent person would, resulting in harm to another. Capozzi will use examples from a recent boating negligence trial in which the injuries were easy to prove but proving negligence was very difficult. He needed a way to show the defendant had knowledge of an impending dangerous condition and failed to act reasonably. He also planned to prove the defendant omitted the reasonable steps to avoid catastrophe. He decided to illustrate unreasonableness using the physical domino strategy outlined in his book. Unfortunately, the layout of the courtroom made it impossible to use physical dominos so he developed a way to utilize the strategy using a digital domino presentation. In this webinar, Capozzi will take you step-by-step, or domino-by-domino, through his opening, trial, and his closing argument, where he utilized digital dominos projected on a screen to show the jury the catastrophic failures of a boat captain who severely injured one of his clients. Don’t miss this opportunity to learn a powerful strategy for showing negligence at trial. This On Demand Program is a pre-order. It will be available for streaming in your account on or before 5/30/26. Click here for Access Instructions for On Demand Programs Each user must register individually as they will need their own login to access the program and comply with CLE requirements. Need accreditation in another jurisdiction? Fill out this form and note Course No. 260521D00. Shop all Continuing Legal Education videos for lawyers.