Clarification Questions and Answers

Similar documents
2017 STAC Fact Pattern Clarifications

Knowledge Objectives (2 of 2) Skills Objectives. Introduction. Legal Considerations During Investigation 12/20/2013. Legal Considerations

PLAINTIFF S MOTIONS IN LIMINE

Strict Liability and Product Liability PRODUCT LIABILITY WARRANTY LAW

COURT OF COMMON PLEAS CLERMONT COUNTY, OHIO

2014 Law Student Trial Competition Questions and Answers October 17, 2014

9 of their attorneys you have learned the conclusion which 10 each party believes should be drawn from the evidence

California Bar Examination

V.-E. DEPOSITION INSTRUCTIONS

COURT OF APPEALS ASHLAND COUNTY, OHIO FIFTH APPELLATE DISTRICT

Interrogatories. As I have previously written, interrogatories are one. The building blocks of your client s case. Discovery. by Thomas J.

NATIONAL BAR ASSOCIATION 79 TH Annual Convention & Exhibits

INTRODUCTION OF EXHIBITS AT TRIAL THE BASICS

Argumentative Questions (Badgering) Assuming Facts Not in Evidence (Extrapolation) Irrelevant Evidence Hearsay Opinion Lack of Personal Knowledge

STRICT LIABILITY. (1) involves serious potential harm to persons or property,

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE IN RE: ASBESTOS LITIGATION

IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR PRETRIAL CONFERENCE ORDER (JURY TRIAL) for Plaintiff.

SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA. Case No.

EVIDENCE / CIVIL PROCEDURE Copyright February State Bar of California

UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA STANDING ORDER FOR CIVIL JURY TRIALS BEFORE DISTRICT JUDGE JON S.

SUPPLEMENTAL MOTION IN LIMINE TO EXCLUDE EXPERIMENTS" OPINIONS AND OTHER EVIDENCE OF "FIBER RELEASE

Case 0:13-cr KAM Document 76 Entered on FLSD Docket 05/19/2014 Page 1 of 20 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

EVIDENCE, FOUNDATIONS AND OBJECTIONS. Laurie Vahey, Esq.

Insight from Carlton Fields Jorden Burt

STATE OF MICHIGAN COURT OF APPEALS

Preparing and Protecting Witnesses from the Reptile During Trial

Function of the Jury Burden of Proof and Greater Weight of the Evidence Credibility of Witness Weight of the Evidence

STATE OF MICHIGAN COURT OF APPEALS

PREPARING FOR TRIAL. 3. Opponent s experts identified, complete Rule 26 responses received and, if possible and necessary, experts have been deposed.

If you have questions or comments, please contact Jim Schenkel at , or COUNTY OF SANDSTONE

If you have questions or comments, please contact Jim Schenkel at , or COUNTY OF LIMESTONE

TIPS ON OFFERING EVIDENCE RELEVANCE

2012 Hogan & Lovells Cup Rules and Procedures

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

What if the other parent is not making child support payments? The court will consider whether a parent is helping to support their child.

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA. MEMORANDUM McLaughlin, J. July 24, 2013

MONTANA UNIFORM DISTRICT COURT RULES

CACJ Questions and Answers

California Bar Examination

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI CENTRAL DIVISION

v. Record No OPINION BY JUSTICE BARBARA MILANO KEENAN June 7, 1996 DELORES VAUGHAN

Keith Berkshire Berkshire Law Office, PLLC

IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION (JUDGE HAYES)

Written materials by Jonathan D. Sasser

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) )

COMPLAINT FOR VISITATION COMMON PLEAS COURT

IN THE COURT OF COMMON PLEAS BELMONT COUNTY, OHIO. : Plaintiff : vs. : FINAL PRETRIAL ORDER : Case No. Defendant :

Present: Koontz, Kinser, Lemons, and Mims, JJ., and Russell and Lacy, S.JJ.

Insight from Carlton Fields

California Bar Examination

ANSWER A TO QUESTION 3

E-FILED: Jun 13, :57 PM, Superior Court of CA, County of Santa Clara, Case #1-13-CV Filing #G-84481

IN THE COURT OF COMMON PLEAS OF LUZERNE COUNTY

Case 2:05-cv TJW Document 211 Filed 12/21/2005 Page 1 of 11

IN THE COURT OF APPEALS OF IOWA. No / Filed February 19, Appeal from the Iowa District Court for Polk County, Eliza J.

Do I have your permission to record this? Taking an effective recorded statement of an injured worker.

Book containing this chapter and any forms referenced herein is available for purchase at or by calling

Second, you must not be influenced by sympathy, passion or prejudice in favor of any party or against any of the parties.

TEXAS DISCOVERY. Brock C. Akers CHAPTER 1 LAW REVISIONS TO TEXAS RULES OF CIVIL PROCEDURE GOVERNING DISCOVERY

CHAPTER 16 FORMAL ADMINISTRATIVE HEARINGS

JUDGE DENISE POSSE LINDBERG STOCK CIVIL JURY INSTRUCTIONS TABLE OF CONTENTS

California Bar Examination

7.32 COMPARATIVE NEGLIGENCE: INTERROGATORIES (Approved before 1985) NOTE TO JUDGE

Sri McCam ri Q. August 16, 2017 VIA ELECTRONIC FILING AND OVERNIGHT DELIVERY

Waldron v New York City Tr. Auth NY Slip Op 32283(U) November 9, 2016 Supreme Court, New York County Docket Number: /2014 Judge: Michael

Slowinski v Port Auth. of N.Y. & N.J NY Slip Op 30030(U) January 7, 2013 Sup Ct, NY County Docket Number: /07 Judge: Joan A.

RULES OF THE 44 th ANNUAL NATIONAL TRIAL COMPETITION

TRIAL PRACTICE No SPRING 2012

UPDATE MEMORANDUM 2016 ISBA High School Mock Trial Invitational

Dupiton v New York City Tr. Auth NY Slip Op 33234(U) November 26, 2018 Supreme Court, Queens County Docket Number: /2016 Judge: Ernest F.

SEGURA V. K-MART CORP., 2003-NMCA-013, 133 N.M. 192, 62 P.3d 283 DULCES SEGURA, Plaintiff-Appellee, vs. K-MART CORPORATION, Defendant-Appellant.

TRIAL ADVOCACY - FALL 2005

UNREPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND. No September Term, 2014 ADAM J. POLIFKA. ANSPACH EFFORT, INC., et al.

Fall 1997 December 20, 1997 SAMPLE ANSWER TO MID-TERM EXAM QUESTION 1

2006 CA STATE Of LOUISIANA. COURT Of APPEAL. first CIRCUIT LOTTIE MORGAN VERSUS. CITY Of BATON ROUGE AND PARISH Of EAST BATON ROUGE

FILED: NEW YORK COUNTY CLERK 10/23/ :40 PM INDEX NO /2016 NYSCEF DOC. NO. 121 RECEIVED NYSCEF: 10/23/2018

13 ADVANCED TRIAL TIPS. Gary K. Burger BURGER LAW BurgerLaw.com

Torts Tutorial Chapter 9 Product Liability

INDIVIDUAL PRACTICES IN CIVIL CASES Nelson S. Román, United States District Judge. Courtroom Deputy Clerk

Levy v Planet Fitness Inc NY Slip Op 33755(U) December 18, 2013 Sup Ct, Westchester County Docket Number: 5250/11 Judge: Mary H.

A JUDGE S PERSPECTIVE ON EVIDENCE. (Basic Tools of Your New Trade) W. David Lee. Senior Resident Superior Court Judge.

CBA Municipal Court Pro Bono Panel Program Municipal Procedure Guide 1 February 2011

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

PRE-TRIAL PROCEDURES & PROTOCOL FOR JURY TRIALS & REFERRAL TO MEDIATION Revised March 2, 2018 (to correct web link only)

Present: Hassell, C.J., Lacy, Keenan, Koontz, Lemons, and Agee, JJ., and Compton, S.J.

NO. CAAP IN THE INTERMEDIATE COURT OF APPEALS OF THE STATE OF HAWAI'I

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION

FILED: NEW YORK COUNTY CLERK 04/27/ :04 PM INDEX NO /2016 NYSCEF. DOC. NO. 13 RECEIVED NYSCEF: 04/27/2018

Case 1:15-cv LTS Document 29 Filed 03/11/16 Page 1 of 7

Department 16 has prepared this document to assist counsel in scheduling motions and reporters in Department 16.

FILED: NEW YORK COUNTY CLERK 02/09/ :18 PM INDEX NO /2014 NYSCEF DOC. NO. 25 RECEIVED NYSCEF: 02/09/2015

DAY CAMP SUPERVISOR LIABLE FOR LOG ROLLING FATALITY IN CITY PARK

Mock Trial Competition Rules

ER 904 is Scary - Five Practice Tips for Using and Opposing ER 904 Submissions Robert Dawson

High School Mock Trial 2015 Emerson Jones v. Buckeye Juvenile Correctional Institute Errata Sheet 10/14/14

Purpose of a Deposition

FINAL SUPPLEMENT TO CASE MATERIALS. The Wisawe Chapter of Friends of Bog Turtles v. ZenoPharma, Inc.

18 ARMIENTI, DEBELLIS, GUGLIELMO & RHODEN, LLP BROADWAY, SUITE 520 New York, NY BY: HORACE O. RHODEN, ESQ. By: VANESSA CORCHIA, ESQ.

STATE OF MICHIGAN COURT OF APPEALS

BYLINE: Ben Rubinowitz and Evan Special to the new york law journal

Transcription:

Clarification Questions and Answers For purposes of this competition, the answer to any clarification question shall be treated as a stipulation during the trial. The competitors are bound by the answers as if they were set forth in the problem originally. 1. While I can tell from the docket number that the case was filed in 2008, could you please provide the dates of the pleadings and the dates of the depositions? Answer: The depositions occurred in the normal course of discovery. Both Michael Vronsky and Kim Longnecker were deposed on April 30, 2010. 2. Can you please provide a little more description of the emergency stop device proposed by the plaintiff's expert? Answer: See Pat Staal s Supplemental Expert Report. 3. I believe jury instruction 3 is misstated. In line 2, shouldn't the phrase "that made it unsafe" be "which would make it safe"? Answer: This has been corrected as reflected in the revised jury instructions. 4. Can you give us some detail about what is shown in photos 13 and 14? (and what is black stuff in picture). It is difficult to identify the body part we are looking at. Answer: Discovery Response 13 is a photograph of Plaintiff s foot following the accident. Discovery Response 14 is a photograph of Plaintiff s hand and arm following the accident. The black stuff is burned skin and muscle. 5. Were the broken bones/torn ligaments in both hand/arm and foot/leg? Answer: Plaintiff had sustained broken bones and torn ligaments in both his hand and arm and his foot. 6. Plaintiff testifies that he had an injury to his hand only, but clearly from the photos, it is hand and arm or forearm. Is this correct? Answer: Plaintiff s injuries extended to his elbow. 7. Can we assume the emergency stop proposed by plaintiff's expert would run the length of the opening on top of the twine box shown in the photos? Answer: See Pat Staal s Supplemental Expert Report.

8. Can we argue basic design principles, even though not in the expert reports (identify, guard, etc.)? Answer: The answer to this question is governed by the Federal Rules of Civil Procedure. 9. Diagram 5 is supposed to show the position Longnecker found Vronsky in after the accident -- this doesn't seem likely. Can you clarify? Answer: This is covered in Streib s expert report. 10. Does jury instruction 11 cover foreseeable "misuse"? 11. Since there is no comparison question on the verdict, is any misuse by Vronsky an absolute bar to liability? Misuse is to be considered by the jury in reaching its determination as to causation. 12. Assuming both parties are found liable (jury answers yes to all questions on the verdict form) does the apportionment of fault happen in the damages phase? Answer: This is a strict liability jurisdiction. There is no comparative fault or apportionment of damages. 13. In the answer, paragraph 7's last sentence reads "the averments of paragraph 6". Is this a typo? Answer: Yes. It should read paragraph 7. 14. Does stipulation 3 require defense to admit that a knife was actually used? 15. Can we have a photo showing where the emergency stop switch would go? Answer: See Staal s Supplemental Expert Report. 16. Are we to assume that DR11 is an actual photo of the baler involved in this accident? Answer: Yes 17. There appear to be inconsistencies between the appearance of the rollers in photos

8, 9 and 10. (grooves in some but not others). Are we stipulating that these are all photos of the same baler, and it's the one involved in this accident? Answer: All photographs were taken of the baler involved in the accident. Those are not grooves they are a figment of your collective imaginations. 18. Can we please stipulate that no student playing the plaintiff will limp, or use any kind of prop to indicate the injury? Answer: Yes. Plaintiff has physically recovered fully from his injuries. 19. Does NFTC actually make a scraper or is the one Longnecker put on after the accident built by another company? Can the defendant say that NFTC does not make a scraper? Answer: NFTC manufactured a scraper, and it did so at the time the baler was designed and sold to Kim Longnecker. The parties are not sure who manufactured the scraper that was eventually installed by Kim Longnecker. 20. Can all rollers be accessed by lifting up the tailgate and is it a necessary inference that defense expert can say there is no reason anyone would ever need to clean hay from the rollers by accessing the baler from the open area on top? Answer: No to both. 21. I have a concern about the use of Edge's deposition. I think I understand the rule on how it may be used (stipulation 6), but it is a little confusing with respect to "hearsay." I assume the first level of hearsay is not objectionable, but second levels are. Answer: Shane Edge s deposition testimony itself is not subject to a hearsay objection. However, that does not preclude a team from raising an objection to hearsay testimony contained within the deposition. 22. The rule regarding enlargements (paragraph 16 of the official rules, not the local rules) also says nothing can be "redacted." I assume that means that if we enlarge a portion of a page, such as just the diagram of the bailer on page 2-1 of the manual and not the list of parts, we should not leave anything out of the portion we enlarge, portion, but that we are not required to enlarge the whole page. This may also come up with the jury instructions, where we may want to enlarge a paragraph, but not the whole page. Answer: The exhibits must be enlarged as they have been produced in discovery and disseminated as part of the fact pattern. However, the diagrams in the manual may be enlarged so as to exclude the list of parts. Also, teams may enlarge only those jury instructions that they wish to use. 23. Was the baler that the expert, Staal, inspected as part of his investigation the exact same baler that injured Vronsky or only the same model?

Answer: Staal and Streib inspected the baler involved in the accident. The emergency stop device was placed on this baler with the permission of both parties after their initial inspections were completed. 24. Rule 11 says Federal Rules of Criminal Procedure - it should say Civil, not Criminal. Answer: It should read Federal Rules of Civil Procedure. 25. Did Kim's son die before or after Michael Vronsky's incident? Answer: Kim has three sons. One died before the September 4, 2004 incident. The others are still alive. 26. There is a stipulation that covers the photographs but the warning sticker is not identified as a photograph and no witness authenticates it. Will there be a stipulation or something else that makes it admissible? Answer: This is actually a photograph of the warning sticker. It is subject to the same stipulations as the other photographs. 27. Also the list of exhibits has some descriptions such as an assertion that a photograph depicts the place where "the plaintiff claims" his injury occurred. Can we take those assertions as stipulations, that for example the plaintiff does claim the injury occurred at the place depicted. These are not stipulations. 28. The owner's manual has page numbers that are missing or inconsistent. For instance, the first page doesn't have a page number but, instead, has a small '64' in the bottom left of the page and in Section 2 the pages are numbered 2-1, 2-2, 2-3, 2-4, and then 2-1 again. Can we re-number the pages for the purposes of trial or can a new manual be issued with corrected page numbers? Answer: A new manual will be made available where the pages proceed in numerical order. 29. During the deposition testimony, it appears that the roller that Michael was scraping is the metal roller pictured in Discovery Responses 7 and 8 with hay wrapped around it and in Discovery Response 9 without hay. However, this is not the roller marked on Discovery Response 2 with the "X," "2," and "D" as the roller Michael was cleaning. Additionally, the roller that Michael marked on DR 2 as the roller he was cleaning has belts on the outside of it, meaning that Michael would have been scraping the belts rather than the roller.

Answer: The D in the discovery response points to the roller under the belt. Plaintiff was cleaning the metal roller that is on top of the belt, as is depicted in the photographs, when the incident occurred. 30. Is the metal roller pictured in DR 7, 8, and 9 between the drive roller with the belt on it and the support bar the roller that Michael was cleaning? Answer: See the Answer to Question 29. 31. And, if so, was the inconsistency between the diagram on DR 2 and the pictures intentional? Answer: See the Answer to Question 29. 32. Are students permitted to use PowerPoint? 33. Will you release any additional information regarding the proximity of the belts and rollers to the chains (which can be greased while in motion) on the round baler? 34. Does this jurisdiction follow the consumer expectation/contemplation test or the risk utility test? Answer: All the law required/given is contained in the jury instructions. 35. Is plaintiff required to prove alternate design? Answer: All the law required/given is contained in the jury instructions. 36. In Longnecker s deposition, at page 30, line 10, what photo is he talking about? Discovery response 3 is a warning label. Answer: This should be DR4. 37. On Pat Staal s resume, at page 38 what does legally feasible mean as it applies to alternative designs? Answer: The offered alternative design was not accepted because of the law of those jurisdictions. 38. Are we going to be able to use technology during our opens and closes (such as PowerPoint presentations)

Answer: The courtrooms we will be using have remarkable tools that will be able to be used by the advocates. There are touch screen monitors that permit witnesses and advocates to mark the exhibits while they are on screens at counsel table, in the jury box and in front of the judge. With respect to power point, it may not be used. 39. Rule 102 says each side will be given 80 minutes to argue their case, with 7.5 minutes for motions (175 minutes total), and the Judge can only extend to 180 minutes. Does that mean the Judge can extend an additional 20 minutes (motions excluded) or an additional 5 minutes? Answer: The TOTAL permitted time will be 195 minutes which will not include argument time for the motions in limine. 40. Is it a reasonable inference to assume Vronsky was crying for help while caught in the machine for 20 minutes? Answer: Yes, unless anybody else here has ever become entrapped in farm machinery and can tell me otherwise. However, please remember that this competition follows the necessary inference rule. 1992? 41. Was it economically and mechanically feasible to manufacture the scraper in Answer: The answer is within the fact pattern. 42. Are there limits on the number and size of enlargements we can use? 43. Page 19, line 14 - The line says "scraped the hay of off the roller." Is this a typo? Answer: Yes. It should read Off of the roller. 44. Is the roller that's marked as exhibit 2, page 2-1, the same as the roller covered in hay in exhibits 8 and 9. Answer: See the answer to question 29. 45. On page 42, Streib says "lead engineer for project design" - is this a typo meant to say "product?" Answer: It should say product. 46. On page 38, Streib says the emergency stop device has been used on "this Round Baler 3000." Is he referring to his own device or does he mean that NFTC has used this device in the past?

Answer: See the answer to question 29. 47. Can it be stipulated to that the experts' reconstruction exhibits are computer generated? Answer: Yes. 48. Can the enlargement act as the actual exhibit or do we have to lay foundation for the original? Answer: Any enlargement that is created will not be the original. Proceed accordingly.