Mock Trial Case Notes

Comparative Negligence

• The jury verdict form includes a comparative negligence component in question number two; this is crucial because it allows the jury to assess the degree to which the plaintiff contributed to their own injuries.

• The jury verdict form outlines the elements of negligence: duty, breach, causation, and damages. Understanding how these elements are presented is essential for constructing effective arguments.

• Question 1-A bundles all these elements together. It is important to dissect this question to ensure each element is thoroughly addressed.

• Question 1-B asks about gross negligence, which requires a higher standard of proof than ordinary negligence.

• Question 2 specifically addresses the plaintiff's contribution to their own loss. This is where comparative negligence comes into play.

• The jury answers factual questions; if the plaintiff is more than 50% at fault, the judge can render a verdict for the defendant after trial motions. This threshold is critical in determining the outcome of the case.

Culpability of a Minor

• Teams cannot address the legal culpability of a minor because it was not included in the pleadings or jury charges. Raising this issue would be considered outside the scope of the trial.

Carson’s Birthday

• Carson is 22 at the time of the affidavit and was over 18 at the time of the events; the actual birth date is not relevant. This fact clarifies Carson's legal status as an adult during the events in question.

• The standard requiring drivers to be 21 does not apply to Carson, as it refers to camp vehicles, not personal vehicles. This distinction is important for defending against claims related to driving regulations.

Registration Form

• Teams can only use the information provided in the case materials. Introducing external information is not permitted and can be grounds for objection.

Assumption of Risk

• The defense of assumption of risk cannot be used because it was not pleaded as an affirmative defense or included in the jury charges. Failing to properly plead this defense prevents its use at trial.

Mark’s Backpack

• Mark had a backpack on the hike. Carson suggested bringing backpacks, water, jackets, and towels, but the group left most items in the van. This detail provides context regarding the preparations, or lack thereof, for the hike.

Complaint #8

• Fazio was not aware that Green had not been to the location previously or that another adult was not in attendance, according to Fazio's affidavit, lines 165-169. This statement is crucial for establishing Fazio's knowledge, or lack thereof, regarding Green's actions.

• Complaint #8 should read: Fazio gave Green permission to take the campers on the trip. Correcting this error ensures accuracy in the record.

Dr. Bennett

• Dr. Bennett has not seen Mark since May 2018. This information is relevant for assessing the recency and applicability of Dr. Bennett's medical opinions.

Stipulation #4

• Statements by Fazio or Green are deemed to be the position of the Defendant, FazioForensics, Inc. This stipulation simplifies the process of attributing statements to the Defendant.

• Attorneys can argue for exceptions to hearsay for statements by Fazio or Green, as representatives of the Defendant. This allows for the admission of potentially valuable testimony.

Case Summary

• Mark Sawyer sustained injuries on June 28, 2018, while at a FazioForensics, Inc. camp. This sets the stage for the timeline and location of the incident.

• Carson Green led Mark's group on an off-campus hike to an unfamiliar location. This highlights Green's role and the departure from established camp activities.

• The group got lost and spent the night on a mountain. This underscores the severity of the situation and potential negligence.

• Mark awoke, fell, and sustained a spinal cord injury resulting in quadriplegia and a concussion leading to memory impairment. These are the severe consequences of the incident.

• Pat Sawyer filed a lawsuit against FazioForensics, Inc., arguing gross negligence. This identifies the legal action and the central claim.

• The Defendant denies gross negligence, claiming no negligence or ordinary negligence, and claims Mark’s actions (hiding his Type I Diabetes) led to his injuries. This outlines the defense's counterarguments.

• The case background is not to be used as evidence. This clarifies the purpose of the summary.

Stipulations

• Governed by South Carolina law; parties are bound by the Jury Charges and may not argue other statutory or case law. This establishes the legal framework for the trial.

• No defects in pleadings; the Court has jurisdiction; all fact questions are for the jury, and law questions are for the Court. This clarifies the roles of the jury and the court.

• The case is bifurcated; only liability is decided in this trial, and damages will be decided later. This separates the determination of responsibility from the assessment of damages.

• Fazio and Green were employees of, and acting on behalf of, FazioForensics, Inc., and their actions are imputed to the Defendant. This ensures the Defendant is responsible for the actions of its employees.

• All exhibits included in the case materials are authentic, and no objections to authenticity will be entertained, though other objections are reserved. This streamlines the presentation of evidence.

• Signatures on witness statements are authentic and signed under oath. This validates the witness statements.

• Witnesses are limited to the contents of the case materials, excluding external sources. This confines testimony to the established record.

• The charge of the Court is accurate, and there are no objections to the Jury Verdict Form. This ensures the jury instructions are valid.

• Witnesses referencing exhibits should be familiar with the entire exhibit. This promotes thorough preparation by witnesses.

• Mark Sawyer cannot be deposed or testify due to his injuries and memory loss. This explains the absence of key testimony.

• No other testimony from the other campers is available. This addresses the lack of additional witness accounts.

• Mark’s Diabetes journal is not available as an exhibit, and its accuracy is not in question. This clarifies the status of a potentially relevant document.

• No substantial change in condition occurred in Mark’s second and third follow-up endocrinologist appointments; therefore, those reports are not reproduced in the materials. This explains why certain medical records are not included.

• The second weather report checked by Carson Green was confirmed to be the same as the weather forecast downloaded for Morgan, SC June 23-30, 2018, and is not in dispute.

*Definition of terms for Mock Trial competition:-

• Autoimmune: $Au \cdot to \cdot im \cdot mune$ Relating to disease caused by antibodies or lymphocytes produced against substances naturally present in the body; a condition in which your own immune system mistakenly attacks your body.

• Bicarbonate: $Bi \cdot car \cdot bon \cdot ate$ An acid carbonate, derived from carbon.

• Cardiopulmonary Resuscitation (CPR): $Car \cdot di \cdot o \cdot pul \cdot mo \cdot nar \cdot y Re \cdot sus \cdot ci \cdot ta \cdot tion \quad C-P-R$ A medical procedure involving repeated compression of a patient's chest, performed in an attempt to restore the blood circulation and breathing of a person who has suffered cardiac arrest.

• Cervical Vertebrae: $Cer \cdot vi \cdot cal Ver \cdot te \cdot bra$ Cervical vertebrae are the top seven spinal vertebrae; they are located in the neck.

• Computerized Tomography (CT): $Com \cdot put \cdot er \cdot ized To \cdot mog \cdot ra \cdot phy$ A method of producing a computerized three-dimensional image of the internal structures of a solid object, such as the human body.

• Concussion: $Con \cdot cus \cdot sion$ A type of traumatic brain injury caused by a blow or jolt to the head. The injury occurs from acceleration and deceleration forces shaking the brain inside the skull.

• Contusion: $Con \cdot tu \cdot sion$ A region of injured tissue or skin in which blood capillaries have been ruptured; a bruise.

• Dextrose: $Dex \cdot trose$ A type of glucose (sugar) solution.

• Diabetes: $Di \cdot a \cdot be \cdot tes$ A disease in which the body’s ability to produce or respond to the hormone insulin is impaired, resulting in abnormal metabolism of carbohydrates and elevated levels of glucose in the blood and urine.

• Diabetes – Type I: Usually diagnosed in children or youth and is suspected to be an autoimmune disorder. It occurs when an infection or other trigger causes the body’s immune system to attack the pancreatic cells that make insulin. People with Type 1 Diabetes make little to no insulin.

• Diabetes – Type II: Most common form of diabetes. People with Type II Diabetes do produce insulin, but either it is too low, or the cells are resistant to the insulin and unable to take in glucose. Also known as non-insulin-dependent diabetes.

• Electropherograms or Short Tandem Repeat (STR) Analysis: $Elec \cdot tro \cdot phe \cdot ro \cdot grams$ An electropherogram is a record that consists of the separated components of a mixture (as of proteins) produced by electrophoresis. A Short Tandem Repeat analysis is a common method in molecular biology which is used to compare specific loci on DNA from two or more samples.

• Endocrine: $En \cdot do \cdot crine$ Internal glands that secrete hormones throughout the body; producing secretions that are distributed in the body by way of the bloodstream.

• Endocrinologist: $En \cdot do \cdot cri \cdot nol \cdot o \cdot gist$ An endocrinologist can diagnose and treat hormone problems and the complications that arise from them. Hormones regulate metabolism, respiration, growth, reproduction, sensory perception, and movement.

• Fazio: $Fah \cdot zee \cdot o$

• Forensic Entomologist: $For \cdot en \cdot sic En \cdot to \cdot mol \cdot o \cdot gist$ An expert in insects that relate to criminal matters.

• Glucose: $Glu \cdot cose$ Glucose is a simple sugar; it comes from carbohydrate foods and is the main energy source used by the body and especially the brain. A normal fasting blood glucose level is 70 – 99 mg/deciliter.

• HbA1c (Hemoglobin A1c): $He \cdot mo \cdot glo \cdot bin A-one-C$ Refers to Hemoglobin A1c, which is a form of hemoglobin that indicates the average plasma glucose level over a period of two to three months.

• Hyperglycemia: $Hy \cdot per \cdot gly \cdot ce \cdot mi \cdot a$ Higher than normal blood sugar (glucose) level.

• Hypoglycemia: $Hy \cdot po \cdot gly \cdot ce \cdot mi \cdot a$ Abnormally low blood sugar (glucose) level.

• Hypothermia: $Hy \cdot po \cdot ther \cdot mi \cdot a$ Dangerously low body temperature, below 95° Fahrenheit, which can eventually result in death. Normal body temperature is considered to be 98.6° Fahrenheit.

• Insulin: $In \cdot su \cdot lin$ A hormone, produced by the pancreas, that helps to regulate blood glucose levels by causing glucose to move out of the blood and into the body cells.

• Intravenous (IV): $In \cdot tra \cdot ve \cdot nous$ Through or within a vein. Abbreviated IV.

• Ketones: $Ke \cdot tone$ Ketones are alternative fuels for body cells made from the breakdown of fat when cells do not get enough glucose. High levels in uncontrolled diabetics can be life-threatening.

• Lactic Acid: $Lac \cdot tic Ac \cdot id$ An acid formed when muscles are strongly contracted for long periods.

• Neurogenic: $Neu \cdot ro \cdot gen \cdot ic$ Giving rise to or arising from the nervous system. Neurogenic shock results in low blood pressure, which is attributed to the disruption of the autonomic pathways within the spinal cord. It can occur after damage to the central nervous system, such as a spinal cord injury and traumatic brain injury.

• Plasma: $Plas \cdot ma$ The liquid portion of blood, which transports nutrients and blood cells.

• Polydipsia: $Poly \cdot dip \cdot sia$ Excessive or abnormal thirst.

• Polyuria: $Poly \cdot uria$ Excessive production of urine.

• Quadriplegic: $Quad \cdot ri \cdot ple \cdot gic$ One affected with partial or complete paralysis of both the arms and legs especially as a result of spinal cord injury or disease in the neck region.

• Subcutaneous: $Sub \cdot cu \cdot ta \cdot ne \cdot ous$ Beneath the skin.

• Vasopressor: $Va \cdot so \cdot pres \cdot sor$ A chemical that contracts the muscles in capillaries and arteries, raising blood pressure.

Jury Instructions

A. Bifurcated Trial

• Only liability is to be decided; damages will be decided at a separate hearing. This procedural aspect ensures focus and clarity during the initial trial phase.

B. The Jury: Finders of the Facts

• The jury makes findings of fact and evaluates witness credibility based on:-

  • Demeanor: The way a witness behaves or presents themselves.

  • Forthrightness: How direct and honest a witness appears.

  • Consistency: Whether a witness's statements align with other evidence and their own prior statements.

  • Knowledge of facts: The extent to which a witness is informed about the events.

  • Bias: Any prejudice or partiality a witness may have.

  • Corroboration: Whether a witness's testimony is supported by other evidence.

• The jury may believe all, some, or none of a witness's testimony. This underscores the jury's discretion in evaluating evidence.

• The verdict is not determined merely by counting the number of witnesses. The quality of evidence matters more than the quantity.

C. Expert Testimony

• The jury should consider the qualifications, credibility, and reasoning of expert witnesses but is not bound by their opinions. Expert opinions are advisory, not definitive.

D. Circumstantial Evidence

• The law makes no distinction between the weight given to direct or circumstantial evidence. Both types of evidence can be equally persuasive.

E. The Judge: Instructor of the Law

• The jury must accept the law as instructed by the Court. The jury's role is to apply the law, not to interpret it.

F. Elements of a Cause of Action

• The Plaintiff must set out the essential claims that make up the Cause of Action. These claims must be supported by evidence.

• The causes of action in this complaint are Gross Negligence and Negligence. These are the specific legal grounds on which the lawsuit is based.

G. Defenses

• The Defendant denies claims that would make it responsible for the Plaintiff's injuries. This is a fundamental aspect of the adversarial legal system.

• The Defendant put forth affirmative defenses: Sole Negligence of the Plaintiff, Comparative Negligence – More than 50%, and Comparative Negligence – Less than 50%. These defenses seek to shift or reduce the Defendant's liability.

• The burden is on the Defendant to prove these defenses. Affirmative defenses must be proven by the Defendant.

H. Burden of Proof

• The Plaintiff has the burden of proving claims by the preponderance of the evidence. This means the Plaintiff's evidence must be more convincing than the Defendant's.

• If the scales tip in favor of the Defendant, the Plaintiff has failed to meet the burden of proof. A failure to meet the burden of proof results in a loss for the Plaintiff.

• Evidence should be weighed using common sense and judgment. The jury must use their own reasoning to evaluate the evidence.

I. Impartial Jury

• The jury must give both parties a fair and impartial trial, unbiased by external opinions or emotions. Impartiality is essential for a just legal process.

J. Gross Negligence - Defined

• Gross negligence is the intentional failure to do something, or doing something intentionally that one ought not to do. This involves a conscious disregard for safety.

• Negligence is the failure to exercise due care, while gross negligence is the failure to exercise even the slightest care. Gross negligence represents a more extreme departure from reasonable behavior.

• Gross negligence means the absence of care that is necessary under the circumstances. The level of care required depends on the situation.

• A defendant is guilty of gross negligence if indifferent to the consequences of their conduct. Indifference to consequences demonstrates a high degree of culpability.

K. Negligence

• The essential elements:-

  • The Defendant was negligent.

  • The Plaintiff was injured.

  • The Defendant's negligence was the proximate cause of the Plaintiff's injuries.

• Negligence is the absence of due care or breach of a duty of care. It is a failure to act as a reasonably prudent person would under similar circumstances.

• The test for negligence is what a person of ordinary reason and prudence would do under similar circumstances. This is the standard by which conduct is measured.

• The Plaintiff needs to prove only one particular of negligence, not all. Establishing a single instance of negligence is sufficient.

• The mere happening of an accident raises no presumption of negligence. Negligence must be proven, not assumed.

• Negligence is not actionable unless it proximately causes the Plaintiff's injuries. There must be a direct link between the negligence and the harm suffered.

L. Negligence – Proximate Cause

• Proximate cause requires both causation in fact