Kemper v. Nita City Cubs Holdings, Inc.
Select a format
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 ReviewCopy@lexisnexis.com .
Table of Contents
SPECIAL INSTRUCTIONS FOR USE AS A FULL TRIAL
Exhibit 1—Nita City Cubs Employee Manual
Exhibit 2—Tweets from Benjamin Stone
Exhibit 3—Tweets from Jessica Kemper
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 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)
Appendix A—Local Rules for Mock Trials and Pretrial Conferences
Appendix B—State of Nita Compiled Statutes
Appendix C—Jury Instructions and Verdict Form