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prepare to research how the judicial panel to conduct a trial




Assignment;Read the case and prepare to research how the judicial panel to conduct a trial and give;proper instructions to the jury.;In the courtroom, the judges have to hear objections at trial and over rule or sustain them. The;judges role is to ensure a smooth efficient and speedy trial without undue delay. The judges have;to keep the attorneys in line and on track.;Pre-Trial Conference: All attorneys and the judicial panel will be responsible for conducting a;pre-trial conference, run by the judges, where workload is equitably divided between the plaintiff;and defense teams. You must delegate the varied responsibilities amongst yourselves, such as;writing potential juror questions, drafting witness examination questions and preparing for trial. It is;your responsibility to allocate the workload in a fair and equitable manner and submit all;documents to the relevant parties by the deadline. In the conference report, I want to know both;sides' position. Plaintiff has to be clear what their argument is and;Case: Johnson vs. Coldrock Tire and Rubber Company;In March 2006, when John Johnson, a mechanic employed by Infiniti of Parkland, attempted to;mount a 16 inch tire on a 17 inch rim of an Infiniti G35 wheel, leaning and reaching over the;assembly while installing it, the tire exploded, causing him serious, permanent injuries. Mr.;Johnson lost three fingers of his right hand in the accident as well as the vision in his right;eye. In addition to his job at the dealership, Mr. Johnson was an aspiring reggae musician who;the day of the accident had received a multi-million dollar record contract offer from Tinseltown;Records. Mr. Johnson filed suit in Florida's 17th Judicial Circuit Court against his employer;American Hawk Company the manufacturer of the wheel, Nissan Motor Company the;manufacturer of the automobile and designer of the wheel and Coldrock Tire and Rubber;Company the manufacturer of the tire. Mr. Johnson had 10 years of experience as a mechanic;and had received three days of on-site training from representatives of Coldrock. The dealership;wheel manufacturer and automobile manufacturer all settled, leaving Coldrock as the remaining;defendant. The suit is scheduled for trial starting April 24, 2014.;At issue in the case is the labeling on the tire. The tire had a label, advising users never to;mount a 16-inch tire on a 17-inch rim, warning of the danger of severe injury or death, and;included a drawing of a mechanic leaning over the tire to install it with a circle and red line;drawn through it. Whether the label was sufficiently conspicuous, or adequately depicted the;resulting danger or risk of injury, remains an open issue. In depositions, Johnson admitted that;he ignored these warnings at the urging of his employer and because it was common practice to;install smaller tires on larger rims of the Infiniti G35. During discovery, Johnson's attorneys;explored why Coldrock did not use a safer "bead" design. The bead is a rubber encased steel;wire which circles the tire and holds it on to the rim. Each side has offered up experts, with;Johnson's pointing out that other manufacturers use different and safer bead designs and;Coldrock's arguing that the Coldrock design was the safest in the industry and a different design;would not have changed the outcome. Among the witnesses deposed by plaintiff's counsel was;Roger Coldrock, CEO of the company.;Plaintiff is being represented by the law firm of Dewey, Cheatum & Howe, LLP, a specialist in;product liability suits. The defendant is being represented by the Wall Street firm of Ben, Jarvis;Green & Ellis, LLP. The assigned judge in the case is the Hon. Solomon Cardozo Holmes, a;recent appointee by the Republican governor. Before his appointment, Judge Holmes was in;private practice with a large Fort Lauderdale firm, his major client was General Motors.;Your Task;You have been assigned to this trial. Acting as the judge.;Roles to choose from (one only);Plaintiff: John Johnson (known to his friends as "Johnny"). Mr. Johnson will be called as a;witness by plaintiff's counsel and will be cross-examined by defendant's counsel.;Plaintiff's Counsel: As a member of the plaintiff's legal team, your job will be to prepare for and;represent your client at trial. First, you will need to determine what legal theories you are;relying upon as the basis for your lawsuit and develop what elements of these theories you will;have to prove. You will need to gather your physical evidence, develop your list of witnesses;and experts and prepare for trial. At trial, you will first make your opening statement which;outlines the elements of your case and the evidence that you will be presenting in support of;your position. You will then present your evidence by calling and questioning witnesses and;experts which together will prove your case. You will also have the opportunity to cross;examine the defendant's witnesses and redirect your own witness testimony after cross;examination by the defendant's counsel. Finally, you will conclude with your closing argument.;Defendant's CEO: Roger "Cole" Coldrock, 87, a legend in the industry. His family started the;business after World War II, first buying surplus rubber from the U.S. Army and building the;company into a leader in the business. In recent years, Coldrock has moved much of its;manufacturing overseas to Malaysia and Thailand, seeking lower labor costs and easier access to;raw materials.;Defendant's Counsel: As a member of the defendant's legal team, your job will be to prepare;for and represent your client at trial. First, you will need to determine what legal theories;plaintiff is relying upon as the basis for its lawsuit and present proof refuting those elements or;establishing your own defenses (i.e., what are the defenses to a product liability case?). You;will need to gather your own physical evidence, develop your list of witnesses and experts and;prepare for trial. At trial, you will make your opening statement which outlines your position;(i.e., why the plaintiff cannot prove his theory and/or presenting your affirmative defenses) and;introduce the evidence that you will be presenting in support of your position. You will then;cross examine the plaintiff's witnesses. After the plaintiff's counsel rests, you will present your;evidence by calling and questioning witnesses and experts which prove your case. You will;also have the opportunity to redirect your own witness testimony after cross examination by the;plaintiff's counsel. Finally, after the plaintiff's counsel makes its closing argument, you will;conclude with your closing argument.;Judge: The judge is the "umpire", he will establish the ground rules of the case (i.e., the time to;be allotted to each party for each part of the case), he will decide what evidence is admissible;(i.e., is the evidence relevant? hearsay?), he will settle any points of law argued during the case;and finally will deliver instructions to the jury (i.e., deciding what factual issues the jury must;evaluate in reaching its legal conclusion).;Witnesses (Hint: Not all witnesses need be called - that is a decision for counsel);John "Johnny" Johnson;Roger "Cole" Coldrock;Mickey Wrenchwell - A mechanic and one of the plaintiff's co-workers.;Sandra Somerville - A customer who witnessed the accident.;Dr. Stanley Goodspeed - A retired Ford Motor Company mechanical engineer and an;expert in automobile stability control systems who the plaintiff has hired as an expert;witness to testify as to the inherent hazard in installing a smaller tire on a larger rim.;Dr. Christina Hernandez - A former mechanical engineer and former employee of;Firestone who the defense has hired as its expert witnesses.;Jury: Will listen to all the facts of the trial and deliberate in the conference room off the;courtroom. They will reach a decision and report back to the courtroom.;Schedule;Plaintiff's Counsel Opening Statement - 10 minutes;Defendant's Counsel Opening Statement - 10 minutes;Plaintiff's Case - 20 minutes + 10 minutes for cross-examination;Defendant's Case - 20 minutes + 10 minutes for cross-examination;Plaintiff's Counsel Closing Argument - 10 minutes;Defendant's Counsel Closing Argument - 10 minutes;Jury Instructions - 5 minutes;Jury Deliberation and Verdict - 15 minutes;Total Time = 2 hoursAdditional Requirements;Min Pages: 3;Level of Detail: Show all work


Paper#16417 | Written in 18-Jul-2015

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