Free Memorandum - District Court of Arizona - Arizona

EXHIBIT D
Brett D. Leavey
vs.
UNUMProvident Corporation and Provident Life and Accident Insurance Company
UNUMProvident’s Memorandum of Points and Authorities in Support of Renewed Motion for
Judgment as a Matter of Law or, In The Alternative, Motion for a New Trial and/or Remittitur
Case 2:02-cv-O2281—SIVIIVI Document 239-6 Filed 11/10/2005 Page 1 of 3

1834
1 MS. BERGIN: No. I actually have not seen that
2 timeline. I
3 MR. DAWSON: Here's copies.
4 THE COURT: Thank you. `
5 I think in final argument it would be better if the
6 lawyer’s just arguing for the jury.
7 (The jury returned to the courtroom.) l
8 THE COURT: Welcome back, members of the jury. Please
. 9 have a chair. I hope you had a nice lunch.
10 Well, we finished the evidentiary portion of the
11 trial, and after four weeks of the evidence, this is the
12 parties' opportunity to argue the case to you.
13 And now they get a chance to argue the evidence and ·
14 all the reasonable inferences that they think the evidence
15 raises. They get to put things together for you. Because, as
16 we told you at the beginning of the trial, the evidence comes
`\ 17 in piecemeal, and it‘s not always clear as to how it fits the
18 mosaic of this thing. So I think this will be a wonderful
19 opportunity for both sides to try to present you their view of
20 the case. And that's what this is all about.
21 Mr. Friedman.
22 1MR. FRIEDMAN: Thank you, Your Honor.
23 This is an important case. I think by now you can see
24 that the issues involved go way beyond Joanne Ceimo, way
25 beyond her disability case, and encompass people you’re never
case 2:02-cv-02281—SMMUNI[3`0EcR1r§gr€tqE§9-gIST|Ri¥éEiT1’F/LMMJOS Page 2 of 3

1835
1 going to see, people you thought you were never going to
2 affect.
3 what brings us here is a rare confluence of
4 circumstances. We have a woman who didn't give up, who stood
5 up for her rights, and didn't back down.
6 She was lucky enough to find in Steve and Anita
7 lawyers who were willing to take a case against significant
` 8 odds and do the hard work that's necessary, as you can
{_ 9 imagine, to put something like this together.
10 We're fortunate that a lot of people came before us.
ll And you've seen some of the depositions or heard them. You've
12 seen a lot of the exhibits, have other exhibit stickers from
_ 13 other cases. A lot of people came before us, and as time went
14 on, piece by piece, the evidence of what this company has been
15 about for the last ten years has slowly accumulated.
16 And we're fortunate to have a judge who let you see
A 17 and hear most of that evidence. And you've seen and you've
18 heard things no other jury has ever heard.
19 And so I am here asking for help for a woman who never
20 wanted to ask anybody for help. She paid her premiums so that
21 she could take care of herself. Year after year she paid her
22 premiums expecting that was the responsible thing to do, so
23 that if, God forbid, she was ever disabled, she would have
24 some financial flexibility. She would have some freedom. She
25 would have some breathing room to reorganize her life in a way
case 2:02-cv-O2281—S|\/IIVI UNE>%%Em%?1fE§§-3DIS?$T%SW 1‘fHHE6"05 Page 3 of 3

Case 2:02-cv-02281-SMM

Document 239-6

Filed 11/10/2005

Page 1 of 3

Case 2:02-cv-02281-SMM

Document 239-6

Filed 11/10/2005

Page 2 of 3

Case 2:02-cv-02281-SMM

Document 239-6

Filed 11/10/2005

Page 3 of 3