Late one night, four high school kids climbed into a pickup truck after drinking at a party. Just minutes later, the intoxicated driver lost control of the truck, crashing into a tree. Two of the kids tragically lost their lives.
We filed a wrongful death lawsuit against several defendants, including the homeowners where the party had been held.
Florida Law and Homeowners’ Liability
Under California law, homeowners are generally shielded from liability for underage drinking at their property unless they “knowingly furnish” the alcohol. In this case, the homeowners denied seeing any alcohol at the party, much less providing it. Our job was to challenge their credibility.
Building the Case with Evidence
We started by obtaining a photograph of the patio where the party took place. The photo became a pivotal piece of evidence when we established that the homeowners had entered the patio during the party and could see the area from their kitchen.
Next, we deposed the partygoers, asking them to testify about the alcohol present. After some coaxing, the kids identified several items: a white cooler filled with Coors Light beer, Tito’s vodka, boxed wine, and red cups. We then used Adobe Photoshop to create digital stickers of these items (transparent PNG images).
Re-Creating the Scene
In the depositions, we had the kids place the digital stickers onto the photo of the patio. Over the course of ten depositions, the image was transformed into a detailed re-creation of the party scene, filled with beer, vodka, boxed wine, and red cups. The kids testified that this re-created photo accurately represented what the patio looked like that night.
Undermining the Homeowners’ Credibility
While none of the kids directly testified that the homeowners provided the alcohol (they claimed it was already there when they arrived), the re-creation made it clear that any adult entering the patio would have seen the alcohol and known that the kids were drinking. This visually compelling evidence undermined the homeowners’ claims of ignorance about the alcohol, proving they weren’t being truthful about what they saw that night.
The Outcome
By using the digital scene re-creation to challenge the homeowners’ credibility, we were able to defeat two motions for summary judgment (MSJs) and reach a fair settlement.
A Powerful Storytelling Tool
Digital scene re-creation is an effective storytelling technique in the right case. It not only makes a compelling argument but also grabs your opponent’s attention during depositions, turning a complex case into a visual and impactful narrative.
Citizens Legal Group Firm is nationally recognized for litigating catastrophic injury cases. If you or someone you know has been involved in a recent accident, contact our San Diego attorneys for a free consultation to see if you have grounds to pursue legal action.