Post on 18-Dec-2015
Minnesota Mock Trial
2009 - 2010Kelly Anderson v. Dale Rockford and
John Reilly High School
The Essentials of the Case
I. Guide to the Case Materials
II. Introduction to the Facts and the Law
III. A Closer Examination of the Evidence
Guide to the Case Materials: Getting Started
1. Procedure
2. Facts
3. Law
4. Witnesses
5. Theme
Introduction to the Facts and the Law:Meet the
Witnesses
Plaintiff’s Witnesses
Plaintiff, Kelly Anderson Student, Parker Vang Expert, Lynn Garcia,
Ph.D
Defendants’ Witnesses
Defendant, Dale Rockford
Assistant Principal and Athletic Director, Jamie Hagar
Expert, Adrian Brady
Introduction to the Facts and the Law:The Theory of Negligence
Intentional Torts Examples: Battery, Trespass
Negligence No specific prohibitions Definition: any conduct that creates an
unreasonable risk of harm to others.
Introduction to the Facts and the Law:The Theory of Negligence
Negligence Definition: any conduct that creates an
unreasonable risk of harm to others.
1. Duty
2. Breach of Duty
3. Causation
4. Harm
Breach of Duty(the most visible element of negligence)
Definition of “negligence”Negligence is the failure to use reasonable care.
Ask yourself what a reasonable person would have done in these circumstances.
Negligence occurs when a person:1. Does something a reasonable person would not
do; or
2. Fails to do something a reasonable person would do.
Causation(the hidden element of negligence)
Plaintiff must prove that the harm was in fact caused by the Defendants.
“Breach of Duty” and “Harm” are not enough by themselves
Plaintiff must prove that the relationship between the Defendants’ wrongdoing and the Plaintiff’s harm is legally significant
Plaintiff must convince the judge that Defendants not only caused the harm, but that as a matter of principle or policy, Defendants should be liable for it.
Applying the Theory of Negligence
Who is at fault?
Applying the Theory of Negligencea look at the special verdict form
1. Was Defendant Dale Rockford negligent? Yes or No
___________
2. If you answered “Yes” to Question #1, then answer the following question:
Was this negligence by Dale Rockford a cause of Jordan Anderson’s death?
Yes or No ___________
Applying the Theory of NegligenceThe Case for Dale Rockford
1. Were Dale Rockford’s acts or omissions reasonable?
2. Did these acts or omissions cause Jordan Anderson’s death?
Applying the Theory of NegligenceReturn to the Special Verdict Form:
Taking all of the fault that contributed as a cause of Jordan Anderson’s death as 100%, what percentage of fault do you attribute to:
Dale Rockford __________John Reilly High School __________
Jordan Anderson __________Kelly Anderson __________
Applying the Theory of NegligenceSpecial Legal Considerations
John Reilly High School Employer Sponsor of the Athletic Program
Jordan Anderson A Minor
Contributory negligence
Review: Negligence Reasonable conduct
Was there a breach of duty?
Legal causeDid the breach cause the harm?
Contributory negligenceAllocation of responsibility
50% rule
A Closer Examination of the EvidenceDefendants’ Witnesses
Dale Rockford
1. Character
2. Circumstances
3. Actions
A Closer Examination of the EvidenceDefendants’ Witnesses
Jamie Hagar
1. Character
2. Circumstances
3. Actions plus: What was John Reilly High School’s
role in events?
A Closer Examination of the EvidenceDefendants’ Witnesses
Adrian Brady
1. Credentials
2. Foundation for Analysis
3. Expert Conclusions plus: What are the weaknesses in
Plaintiff’s case?
A Closer Examination of the EvidencePlaintiff’s Witnesses
Kelly Anderson
1. Character
2. Circumstances
3. Actions
Compare and contrast Anderson’s role as parent against Rockford’s role as coach.
A Closer Examination of the EvidencePlaintiff’s Witnesses
Parker Vang
Just corroborative evidence,
or more?
A Closer Examination of the EvidencePlaintiff’s Witnesses
Lynn Garcia, Ph.D1. Credentials2. Foundation for Analysis3. Expert Conclusions
Think about: what experiences do these experts share with other witnesses? How do their experiences reflect feelings on reasonable conduct for coaches? For athletic programs?
A Closer Examination of the EvidenceExhibits
Exhibit 1: AIA Position Statement Form 14.13 Exhibit 2: AIA Bylaws (Portion of Article 14) Exhibit 3: Curriculum Vitae of Lynn Garcia, Ph.D. Exhibit 4: Curriculum Vitae of Adrian Brady Exhibit 5: Anabolica Child Fatality Review Data Form Exhibit 6: Toxicology Report
A Closer Examination of the EvidenceExhibits
Exhibit 7: NFSHSA Poster (Girl) Exhibit 8: NFSHSA Poster (Boy) Exhibit 9: NFSHSA Brochure Exhibit 10: Report of Race Times Exhibit 11: Bank Records Exhibit 12: NIDA InfoFacts, www.drugabuse.gov Exhibit 13: Anabolic Steroid Study: “Monitoring the
Future”
Kelly Anderson v. Dale Rockford and John Reilly High School
In conclusion:
How many wrongs add up to responsibility?