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Fitzgerald v. NITA & Western Railroad

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Case File + CD :Softbound, 244 pages
5th Edition
ISBN: 9781601564801
In Stock
Price
$38.00
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eBook :epub
5th Edition
ISBN: 9781601565150
In Stock
Price
$38.00
QTY
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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.

Authors / Contributors

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