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Fitzgerald v. NITA & Western Railroad

This case file is a wrongful death action arising out of an accident at a railroad crossing.
Publisher: NITA
eBook :epub
5th Edition
$38.00
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ISBN: 9781601565150
Publisher: NITA
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Book Edition: 5E+CDB

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Johnny Fitzgerald died after his vehicle collided with a train. Was Johnny at fault? Did he intentionally drive is car into the train? Or was the railroad negligent in not providing adequate warnings at the crossing and in the operation of the train? Students can test their skills in this wrongful death case file that can be used as a comparative negligence trial file, a negotiation file, or a fact investigation file. There are five witnesses for each party, including engineering and economic experts.

The Fifth Edition of Fitzgerald v. NITA & Western Railroad includes the addition of an economic expert witness for the defense, and a text message exhibit.

Teaching notes are available.

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Table of Contents

CONTENTS



ACKNOWLEDGMENTS


INTRODUCTION


INSTRUCTIONS FOR USE


REQUIRED STIPULATIONS


PLEADINGS

      Complaint

      Answer


DEPOSITION OF DEBRA FITZGERALD



PX 1      FUNERAL STATEMENT


DEPOSITION OF ETHEL KAY


PX 2     LETTER FROM ETHEL KAY TO NEWSPAPER EDITOR


TRANSCRIPT OF RECORDED STATEMENT: STACY BECK


PX 3      MAP OF STACY BECK’S RESIDENCE AND ADJACENT RAILROAD


JX 18 - JX 21      VEHICLE ACCIDENT REPORT


EMAIL FROM PARALEGAL ALEX EMERSON TO PLAINTIFFS’ ATTORNEY BUSCH


JX 1 - JX 17      STATE TROOPER PHOTOS OF SCENE


PX 4      LETTER FROM RAILROAD SAFETY CONSULTANT DAVID JONATHON TO PLAINTIFFS’ ATTORNEY BUSCH


PX 5      DAVID JONATHAN RESUME


PX 6      LETTER FROM STATE HIGHWAY AND TRANSPORTATION COMMISSION TO PLAINTIFFS’ ATTORNEY BUSCH WITH VEHICLE COUNT SUMMARY


PX 7      LETTER FROM COUNTY HIGHWAY DEPARTMENT TO PLAINTIFFS’ ATTORNEY BUSCH


PX 8      LETTER FROM WILLIAM F. LANDSEA, PHD TO PLAINTIFFS’ ATTORNEY BUSCH


PX 9      WILLIAM LANDSEA RESUME


PX 10      LANDSEA ECONOMIC ANALYSIS REPORT


PX 11      SCREENSHOT OF TEXT MESSAGE FROM JOHNNY FITZGERALD TO DEBRA FITZGERALD


PX 12      PHOTO OF DEBRA AND JOHNNY FITZGERALD


DX 26      RAILROAD ACCIDENT REPORT


DX 27      WRITTEN STATEMENT OF MATT GREEN


DX 28      WRITTEN STATEMENT OF STEVE SMOLEN


DX 29      EDWARDS SUPPLEMENT TO INCIDENT REPORT


DX 1 - DX 16      RAILROAD INVESTIGATOR’S PHOTOS


STATEMENT OF MATT GREEN


MEMO FROM RAILROAD INVESTIGATOR MARK EDWARDS TO COLTON & MCLEOD LAW FIRM


DX 17 - DX 25      RAILROAD INVESTIGATOR’S ADDITIONAL PHOTOS


DEPOSITION OF EMILY FIELD


DEPOSITION OF PAUL FIELD


DEPOSITION OF AMY FIELD


DEPOSITION OF NICK BARON


DX 30      LETTER FROM CONSULTING ENGINEER JOSHUA ALAN TO COLTON & MCLEOD LAW FIRM


DX 31      CURRICULUM VITAE OF JOSHUA ALAN


DEPOSITION OF STEVE SMOLEN


DX 32      CRITIQUE OF ECONOMIC DAMAGES REPORT BY ROBERT S. O’SULLIVAN, PHD


DX 33      ROBERT O’SULLIVAN RESUME


APPLICABLE NITA STATUTES


PROPOSED JURY INSTRUCTIONS