Read the attached document that says instructions first. (Read Page 3 of 4) (Witness part) IV. Trial Documentation I am going to play the role of a Witness who is: Dr. Stanley Goodspeed - A retired Fo

Mock Trial

Case: Johnson vs. Coldrock Tire and Rubber Company

In March 2016, John “Johnny” 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. While installing the tire, he leaned and reached over the assembly and 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.

This is a civil tort case and not a criminal one. Causes of actions will consist of claims for

1. Negligence, and

2. (Strict) product liability

An 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, especially 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.

The defendant in the case is Roger “Cole” Coldrock, CEO of the company, who is being represented by the Wall Street firm of Ben, Jarvis, Green & Ellis, LLP. The plaintiff is being represented by the law firm of Dewey, Cheatum & Howe, LLP, a specialist in product liability suits. 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.

1. General Information

• • Read the entire case

  • Be aware of ALL deadlines

  • Sign up for an individual role in the Mock Trial Sign up document

    • Roles are available on a first come, first serve basis

    • It is your responsibility to play your role according to the case information given

    • All parties are permitted to conduct any outside researched they deem beneficial to their position in the case, except for the jurors

  • The mock trial will be conducted in Professor Gelman’s court room in Zoom

1. Roles

• • JUDGES 5 available role per mock trial

    • The umpires of the court room

  • PLAINTIFF: 1 available role per trial

    • John “Johnny” Johnson, a mechanic employed by Infiniti of Parkland and an aspiring reggae musician

  • PLAINTIFF’S COUNSEL 5 available roles per trial

  • DEFENDANT: 1 available role per mock trial

    • CEO of Coldrock, Roger "Cole" Coldrock, 87, a legend in the industry, whose family started the business after World War II.

  • DEFENDANT’S COUNSEL: 5 available roles per mock trial

  • WITNESSES: 1 available role per witness per mock trial

    • • Mickey Wrenchwell (1)-A mechanic and one of the plaintiff's co-workers

      • Sandra Somerville (1)-A customer who witnessed the accident

      • Dr. Stanley Goodspeed (1)- 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 -(1)- A former mechanical engineer and former employee of Firestone who the defense has hired as its expert witnesses

  • JURORS: 10-14 per mock trial

    • • A Jury is a group of people who took an oath to render an impartial verdict in a court case

1. Pre-Trial Conference Chart

• Please review the chart in detail before you start. There is one page of the chart applicable to each role. The purpose of the conference chart is for each subgroup to hold private conferences where applicable, discuss their specific responsibilities, and then equally share the tasks listed in the chart. If you have an individual role follow the specific directions on the chart as it pertains to your role.

  • 5 Judges together will meet to set out. the ground rules for the trial

  • 5 Plaintiff’’s attorneys and the plaintiff, will meet and develop their case

  • 5 Defense attorneys and the defendant, will meet and defend their case

  • Jurors -Individually, each juror will create a one page profile.

  • Witnesses –Individually, develop a one page affidavit.

1. Trial Documentation

• Each person or group of people have to submit the requisite documentation.

  • Judges –Submit a 4 page summary of how to run a trial including, ruling on motions and issuing proper jury instructions in the assignment dropbox.

• • Attorneys Master File – each side will submit their own master file in the assignment dropbox containing .all the juror questions and answers, all the witness questions and answers, and their evidence. as described in detail below. Plaintiff’s attorneys and defense attorneys should not be working with each other

• • • Attorneys draft jury examination (Voir Dire) questions - Both sets of attorneys will independently draft 20 questions for the jurors to answer. Attorneys should ask questions that will assist them in assessing if they want this person to serve on the trial. Once each set of attorneys finalize exactly which questions they wish to ask, they should send the same set of questions.to all jurors. This will give you a basis of comparison.

    • Attorneys depose witnesses (6) - Both sets of attorneys will independently draft 15 questions for each of the four witnesses, the plaintiff and the defendant to answer. Each witness is testifying for a specific reason. Make sure you tailor your questions to address that specific purpose.

    • Attorneys gather the evidence needed to support their case

• • Jurors answers- jurors must independently and comprehensively answer both sets of attorneys questions in detail and email it back to the specific attorneys who sent it to you and submit it in the assignment dropbox. You must not contradict yourself when answering the questions. from the attorneys.

  • Witnesses answers - witnesses must independently and comprehensively answer both sets of attorneys’ questions in detail and email it back to the specific attorneys who sent it to you and submit it in the assignment dropbox.. You must not contradict yourself when answering the questions from the attorneys.

V. Trial Performance Schedule of the Trial (Total Time= 2 hours)

• Judges call the trial to order

• 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

• Judges issue Jury Instructions: 5 minutes

• Jury Deliberation and Verdict: 15 minutes

Performance Notes:

• Judges – It is your job to run the trial. Be confident and take charge.

• Attorneys– presenting your case includes calling your witnesses to the stand, cross examining opposing counsel’s witnesses, introducing any case precedents, and evidence into the court room

• Witnesses, plaintiff and defendant must be called to the stand and be crossed by opposing counsel. You should dress in character to add credibility to your role.It is up to the attorneys to determine if a witness is beneficial to their side and decide to call him/her as a supporting witness or to question him/her on cross examination.

• Jurors- after the Judge issues the jury instructions and appoints a jury foreperson all jurors must actively deliberate in the jury room. Make sure you understand the grounds for which the plaintiff is suing and the defendant’s defense. Jurors must apply the given laws as stated in the judge’s instructions to the facts provided at trial. Please articulate your position, defend your rationale and debate with your jury members on the merits. The attorneys will eliminate 2 jurors at trial and explain why they were removed.