Fordyce v. Harris and Felson

Henry Fordyce and Eva Marie Long were having drinks in a bar. Fordyce claims that Harris and Felson were leering at and making insulting comments about Long, and when Fordyce confronted Harris and Fordyce, the three men got into a fight. After the police broke up the fight and all parties had left the bar, Fordyce claims that he was jumped in an alley by Harris and Felson and beaten. Fordyce was hospitalized with a fractured skull, but has now completely recovered. He is suing for his medical expenses and lost wages. Defendants deny assaulting Fordyce, claiming he started the fight in the bar and after the police broke it up, they drove directly to Felson's motel.
Publisher: NITA
Case File
6th Edition
$38.00
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ISBN: 9781601561701
Publisher: NITA
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Henry Fordyce and Eva Marie Long were having drinks in a bar. Fordyce claims that Harris and Felson were leering at and making insulting comments about Long, and when Fordyce confronted Harris and Fordyce, the three men got into a fight. After the police broke up the fight and all parties had left the bar, Fordyce claims that he was jumped in an alley by Harris and Felson and beaten. Fordyce was hospitalized with a fractured skull, but has now completely recovered. He is suing for his medical expenses and lost wages. Defendants deny assaulting Fordyce, claiming he started the fight in the bar and after the police broke it up, they drove directly to Felson's motel.

Updated to reflect current monetary amounts, cultural references, and changes in case strategies, this case file is designed to be used in a trial advocacy program, either as skill exercises or a final trial, or both. In addition, along with its companion file, State v. Harris, it can be effectively used to highlight the differences between civil and criminal advocacy techniques. Exhibits, diagrams, and police reports have also been updated. There are four witnesses for each side, no experts.

Adapted from the original case file by Abraham P. Ordover.

Law professors may request the teaching notes for this publication by emailing ReviewCopy@lexisnexis.com .

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Table of Contents

CONTENTS

Acknowledgments

Introduction

Special Instructions for Use as a Full Trial

Stipulations

Pleadings

Complaint
Answer of Gerald Harris
Answer of Edward Felson

Depositions
Eva Marie Long
Edward Felson
Gerald Harris
Peter Logan
Glenda Barkan
Melissa Angel
Henry Fordyce

Documents
Exhibits A-D Fordyce Medical Bills
Exhibit 1  Hospital Report of Henry Fordyce
Exhibit 2  Department of Interior Letter
Exhibit 3  Department of Interior Internal Memo
Exhibit 4  Police Report of Incident
Exhibit 5  Harris Arrest Report with Street Diagram
Exhibit 6  Felson Arrest Report
Exhibit 7  Floor Layout of Gus's Bar & Grill
Exhibit 8  Nita City Streets
Exhibit 9  Fordyce Arrest and Disposition Record
Exhibit 10  Long Arrest and Disposition Record
Exhibit 11  Harris Arrest and Disposition Record
Exhibit 12  Felson Arrest and Disposition Record
Exhibit 13  Hospital Report of Eva Marie Long

Investigative Report to Plaintiff's Counsel

Statement of Ben Sanders

Jury Instructions

Jury Verdict