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McDonald's hoax trial jury to begin deliberations

12:35 AM EDT on Thursday, October 4, 2007

Emily Zander, WHAS11 News

Also online:
VIDEO: Manager testifies
VIDEO: Request denied
VIDEO: Ogborn takes the stand
VIDEO: Victim testifies
VIDEO: McDonald's takes the stand
VIDEO: Civil trial to begin
Judge sanctions McDonald's
ARCHIVE: Defendent found not guilty
ARCHIVE: Trial goes to jury
ARCHIVE: Closing arguments
ARCHIVE: Both sides score points

Hans Poppy has been in the seat right beside clients like Louise Ogborn many times. He even worked with Ogborn’s attorney Ann Oldfather suing the Archdiocese in the Catholic Church sex scandal. And when it comes to what could be on the mind's of those jurors come tomorrow - Poppy has an inside perspective.

Will a Bullitt County jury decide in favor of a distraught woman sexually assaulted at work as a teenager - or a multi-billion dollar company?

“I don't think it is a simple decision for this jury to make to say McDonald's has a lot of money let's make them pay a lot of money,” says Hans Poppy. “Juries take these things very, very seriously.

Poppy says the jury has no option but to take this case seriously especially because “thirty pages of instructions is a lot for them to pour over.”

And Poppy says that pouring over will take time - lots of time. He says the jury could be deliberating well into next week.

We asked Poppy about the make-up of the jury: eight women and four men. He says you may be quick to think women would side with Louise Ogborn, but those females could in fact be beneficial for McDonald's.

"I can see where a lot of female jurors would be thinking, ‘I wouldn't let that happen to me. My daughter wouldn't let that happen to her.’ Women can be very critical in the conduct of other women," Poppy says.

Regardless of what female jurors think of Louise Ogborn, Poppy says all jurors must follow the court's instructions and Kentucky’s laws.

“The jury has to determine the McDonald's conduct was a substantial cause. Not the substantial cause, not the only cause. There could be several causes,” he says.

“The jury could determine that what happened to Louise Ogborn was horrible, that it was shameful, but it wasn't McDonalds’ fault. And they could award her nothing.”

Unlike criminal cases when deciding a civil case only nine out of twelve jurors have to agree on whether or not McDonald's is liable for the strip-search of Ogborn.

And if it should come to deciding on an amount to award Ogborn, a different nine of the 12 jurors could come up with an amount.

Web story produced by Jessica Nelson
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