Merrill Kenneth Albert was an American author and
trial lawyer
best known for his colorful courtroom tactics died from heart disease he was 88.
. One of Los Angeles’
foremost trial advocates, Albert introduced several practices – such as
the use of dummies and other tools in reconstructing incidents
– familiar in current legal practice but virtually non-existent when he
began his career. He was a pioneer in the development and use of
biomechanical devices and modeling in major personal injury cases to
explain the mechanical properties of the musculoskeletal system in
relation to the physics and dynamics of collisions with cars, trains,
and human beings involved in accidents. He was the lead trial attorney
in “bet the company” cases for the Union Pacific Railroad, the Santa Fe
Railroad, the Southern Pacific Transportation Company, Swinerton
Construction Co., and the Regents of the University of California. Some
of his more dramatic trials are recounted in
Tales of the Rails: Railroad Claims Stories, by Norman Udewitz.
[2]
(April 19, 1923 – December 23, 2011)
Early Life and education
Albert was born on April 19, 1923 in
New Haven, Connecticut. He and his brother were later abandoned by their mother at an Oakland, California orphanage
[citation needed]. Left under the name of Merrill
Smith, he picked apples at the
Salvation Army Home for Boys during the
Great Depression.
He was placed in several foster homes until ultimately being
permanently settled with the Tucker family of Oakland. After graduating
at the top of his class from
Oakland Technical High School in 1940, he attended the
University of California, Berkeley. His studies were interrupted by the outbreak of
World War II, when Albert joined the
United States Merchant Marine discovering upon entrance that
Albert
rather than Smith was his birth name. After obtaining his captain’s
papers?? from the Merchant Marines, he was honorably discharged and
returned to his studies at UC Berkeley. There he was elected president
of his fraternity and became captain of the varsity tennis team. After
completing his undergraduate degree, Albert was admitted to UC
Berkeley’s
Boalt Hall School of Law, where he was subsequently published as the reviewing editor of the
California Law Review. He graduated in 1955, the sixth in his class.
Legal career
In the three decades following his graduation from law school,
Merrill Albert practiced law in Los Angeles, specializing in defending
large corporations against a wide range of high-exposure personal injury
and other “bet the company” lawsuits. It was during this time that
Albert began using incident reconstructions during trials in order to
demonstrate whether or not the plaintiffs’ claims were physically
possible. He was also a pioneer in the early use of biomechanical
accident reconstruction
dummies at trial. He tried over 300 cases, winning the vast majority of
them, many against the foremost plaintiff’s trial attorneys of the era.
His courtroom tactics were likened by many of his contemporaries to
those of the fictional
Perry Mason, which reportedly more than once took their inspiration from Albert’s actual trials
[citation needed].
Retirement and writing
In 1990 Albert retired from the practice of law and devoted himself
to the full-time enjoyment of opera, tennis, horse racing (he was a
long-time member of the
Santa Anita Park Turf Club), and various other pursuits. He also began writing, and his novel,
The Big Casino, was published posthumously in 2003.
[3] The book has proved popular in Great Britain, Canada, Australia, New Zealand, South Africa, and India
[citation needed].
It was followed in 2011 by the collection
The Year 2012 Ushers in the Age of Fire and Other Short Stories, a series of tales centering on a coming apocalypse and a Polynesian tribe’s attempts to prepare for it.
[4] At the time of his death Albert was at work on two other books.
Adolf Hitler is Alive! – which postulates an enclave of
Nazis who had escaped from Berlin to set up a secret society in the Antarctica to plot their revenge – and the
Trinity of Life,
a philosophical speculation on tripartite confluences in history,
politics, and religion throughout human history – will be published
posthumously
[citation needed].
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