Loretta Baca was driving her SUV south on I-35 when a chunk of used building material became dislodged from the bed of a McMillian Construction Company truck that was traveling west on the overpass over I-35 and fell on Lorettas SUV. The building material came through Lorettas windshield. Loretta was killed in the ensuing accident. Lorettas family claims that the McMillian truck was overfilled and that its tarp was not securely fastened.

Lorettas family has filed a complaint in state court seeking $50 million in damages. The trial court judge has suggested the parties consider a summary jury trial to gain a realistic understanding of what could happen at trial.

Should McMillian accept the judges suggestion?

Should Lorettas family accept the judges suggestion?