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Kemper v. Nita City Cubs Holdings, Inc.

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Case File + CD :Softbound, 138 pages
ISBN: 9781601564863
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ISBN: 9781601565242
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In Kemper v. Nita City Cubs Holdings, Inc., what began as a fun afternoon at the ballpark turned into a nightmare for a baseball patron and a lawsuit for the Nita City Cubs organization. The plaintiff, Jessica Kemper, sued the baseball stadium for injuries caused by an allegedly intoxicated fan at a game. Kemper alleged violations of the Nita Dram Shop Act and negligence.

Kemper was looking forward to a baseball game with her children at Hannigan Field, home of the Nita City Cubs. What she got instead was a trip to the emergency room, several stitches, and a lawsuit for the damages she incurred. A fellow sports fan, arguably intoxicated, threw a small bat he was given as part of the Souvenir Bat Giveaway promotion and struck Kemper in the back of the head.

Was this a simple case of drunken behavior, or an example of systemic, irresponsible revelry sanctioned, and even encouraged, by the Cubs organization? Did the Cubs sacrifice safety and security to drive up "fun" at the park for all the wrong people? Either side can make a compelling case given the exhibits, testimony, and witnesses.

Kemper v. Nita City Cubs, the second in Theresa D. Moore's Trial by Fire™ legal case series, refines the student's advocacy and examination skills through this full trial—which includes two to four witnesses per side, mini depositions, and modern electronic evidence in the form of emails, Tweets, and photo-sharing posts that are accessible on online "microsites."

The case series focuses on storytelling as it relates to presenting factual information to judges and juries. Kemper is well balanced and can be won by either side. It has substantial evidentiary depth, which allows the students varying options of strategy and creativity for those who meet the challenge and see the hidden gems in the facts.

These cases, by their facts and evidence, are meant to inspire the imagination of the students, challenge them, and give them the will and desire to fight for their cause. Kemper features true-to-life evidence, documents, and situations, and is professor friendly, with teaching notes available. The case file includes a CD-ROM containing the exhibits. And, the Nita City Cubs souvenir bat, physical evidence in the case, is also available for purchase.

Law professors may request the teaching notes for this publication by emailing .

Authors / Contributors

Table of Contents







      Exhibit 1—Nita City Cubs Employee Manual

      Exhibit 2—Tweets from Benjamin Stone

      Exhibit 3—Tweets from Jessica Kemper

      Exhibit 4—Instagram

      Exhibit 5—Nita City Cubs Official Incident Report

      Exhibit 6—Nita City Cubs Official Incident Report, Supplemental Witness Statement, Daniel Kolleng

      Exhibit 7—Nita City Cubs Official Incident Report, Supplemental Witness Statement, Eddie Davis

      Exhibit 8—Nita City Cubs Official Incident Report, Supplemental Witness Statement, Jane Braasch

      Exhibit 9—Nita City Cubs Official Incident Report, Diane Sandberg

      Exhibit 10—Nita City Police Department Report Form 52 1-109

      Exhibit 11—Letter from Jane Braasch

      Exhibit 12—Emails

      Exhibit 13—Nita City Police Department Supplemental Reports

      Exhibit 14—Nita City Police Department Formal Letter of Reprimand

      Exhibit 15—Nita City Times Newspaper Articles

      Exhibit 16—August Security Summary

      Exhibit 17—Photos (17A, 17B, 17C, 17D)


      Daniel Kolleng

      Benjamin Stone

      Jessica Kemper

      Lara Kotkin


      Appendix A—Local Rules for Mock Trials and Pretrial Conferences

      Appendix B—State of Nita Compiled Statutes

      Appendix C—Jury Instructions and Verdict Form