An Interesting Analogy: Plaintiff as Architect / Defendant as Wrecker
A recent post by Bob Dennison in the Pennsylavania Litigation Blog used an intriguing analogy, plaintiff as architect and defendant as wrecker, to make a good point about effective litigation planning at the pleading stage (“A View From The Left Side of the “v” and the Importance of Pre-Pleading Planning to Receive Compensation”).
The essential point, I think, is that a well-pleaded case should be designed artfully at the planning stage. For example, pleading causes of action that are not covered by insurance, such as intentional torts, when suing for negligence, may ultimately “take money off the table.” However, PALB makes the point artfully using the architect/wrecker analogy so rather than elaborate further, I will simply recommend that you read the post.
