Episode #10
Trial War Stories - Hard Lessons Learned Early with Eric Kennedy
Most trial lawyers love to talk about their biggest wins. This episode is about a loss. In this powerful installment of Trial War Stories, Andy Goldwasser sits down with legendary trial lawyer Eric Kennedy, a Hall of Fame attorney whose career has spanned some of the most significant cases in the country. But when asked to share the case that shaped him the most, Eric didn't choose a record-setting verdict or a landmark victory. He chose the one that haunted him for decades. Known as "The Fulton Fish Case," the lawsuit arose after a fish market owner armed himself with an Uzi, chased a suspected thief, and shot him in the back as he fled. On paper, the facts appeared overwhelmingly favorable for the plaintiff. Witnesses contradicted the shooter's story. The physical evidence supported the claim. Yet the jury returned a defense verdict. Why? Eric walks listeners through one of the most important lessons a trial lawyer can learn: juries do not always decide cases based solely on facts. They decide through the lens of emotion, personal beliefs, and human nature. The episode explores how a young lawyer's confidence in the righteousness of his case collided with the reality of jury psychology—and how that experience transformed the way he evaluates cases, prepares for trial, and understands decision-making. This conversation is a masterclass in trial strategy, case selection, wrongful death litigation, jury persuasion, cross-examination, damages presentation, and the emotional realities of courtroom advocacy. Eric candidly discusses the mistakes he made, the warning signs he ignored, and why losing this case ultimately made him a better lawyer. Whether you're a seasoned trial attorney, a young lawyer preparing for your first jury trial, or someone fascinated by how juries make decisions, this episode offers lessons that can only come from decades of courtroom experience. Topics Covered: • Wrongful death and intentional tort litigation • Evaluating difficult plaintiff cases • Jury psychology and decision-making • The role of emotion in verdicts • Cross-examination strategy • Case selection and risk assessment • Trial mistakes and lessons learned • Credibility, character evidence, and juror bias • Learning from losses instead of victories • How great trial lawyers develop over time The cases we lose often teach us more than the cases we win. Eric Kennedy's story is a reminder that trial work is as much about understanding people as it is about understanding the law. If you enjoy Trial War Stories, subscribe, leave a review, and share your own lessons from the courtroom. What case changed the way you practice law? We'd love to hear from you. For more information about Andy Goldwasser and C&G Law, visit https://www.c-g-law.com/.
