Scruggs v. Snyder

A six-year-old child ran across a busy highway. Lynn Snyder was driving along that highway and struck the child, possibly causing him to suffer a severe closed-head injury. Moments prior to the accident, a number of motorists including Snyder noticed the boy fidgeting by the fog line of the road.
Publisher: NITA
Case File + CD
2nd Edition
$38.00
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ISBN: 9781601560445
Publisher: NITA
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Product details

A six-year-old child ran across a busy highway. Lynn Snyder was driving along that highway and struck the child, possibly causing him to suffer a severe closed-head injury. Moments prior to the accident, a number of motorists including Snyder noticed the boy fidgeting by the fog line of the road. The defendant denies negligence on his part, and the state patrol officer who investigated the accident determined that there was not enough time for Snyder to stop before making contact with the child. The plaintiffs, supported by a number of eyewitnesses, claim that there was more than enough time for the defendant to avoid hitting the child. It is important to note that both the plaintiffs and the defendant rely heavily on demonstrative evidence in this case. Scruggs v. Snyder includes a DVD containing expert witness reconstruction of the accident for both sides and a video walk through of the accident site. There are four witnesses for both the plaintiffs and the defendant.

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Table of Contents

TABLE OF CONTENTS

INTRODUCTION

SPECIAL INTSTRUCTIONS AND STIPULATIONS FOR USE AS A FULL TRIAL

COMPLAINT

ANSWER

NITA STATE PATROL REPORT OF INVESTIGATION

EXHIBITS

       NITA STATE PATROL INVESTIGATION PHOTOS
             EXHIBIT 1  WIDE AERIAL PHOTO OF ACCIDENT SCENE
             EXHIBIT 1A  WIDE AERIAL PHOTO OF ACCIDENT SCENE (UNMARKED)
             EXHIBIT 2  PHOTO OF SKID MARKS OF TRUCK AND KIA
             EXHIBIT 2A  PHOTO OF SKID MARKS OF TRUCK AND KIA (UNMARKED)
             EXHIBIT 3  PHOTO OF POINT OF IMPACT
             EXHIBIT 3A  PHOTO OF POINT OF IMPACT (UNMARKED)
             EXHIBIT 4  PHOTO OF TRUCK SKID
             EXHIBIT 4A  PHOTO OF TRUCK SKID (UNMARKED)
             EXHIBIT 5  PHOTO OF TRAFFIC
             EXHIBIT 6  PHOTO OF PEDESTRIAN TUNNEL ENTRANCE
             EXHIBIT 7  PHOTO OF DAMAGE TO KIA
             EXHIBIT 7A  PHOTO OF DAMAGE TO KIA (UNMARKED)
             EXHIBIT 8  PHOTO OF SAM'S T-SHIRT
             EXHIBIT 9  PHOTO OF SAM'S SHORTS
             EXHIBIT 10  PHOTO OF SIGN FOR SOFTBALL GAME
             EXHIBIT 11A  PHOTO OF SIGN FOR PEDESTRIAN UNDERPASS AND BALL FIELDS
             EXHIBIT 11B  PHOTO OF SIGN FOR PEDESTRIAN UNDERPASS AND BALL FIELDS
             EXHIBIT 12  PHOTO OF HIGHWAY FROM EAST SIDE
             EXHIBIT 13  PHOTO OF UNDERPASS ENTRY FROM CAMPGROUND
             EXHIBIT 14  PHOTO OF UNDERPASS ENTRY FROM WEST OF HIGHWAY
             EXHIBIT 15  PHOTO OF HILL BETWEEN BACKSTOP AND UNDERPASS ENTRY
             EXHIBIT 16A  PHOTO OF WEST UNDERPASS ENTRY
             EXHIBIT 16B  PHOTO OF WEST UNDERPASS ENTRY
             EXHIBIT 17  PHOTO OF STEPS TO BALL FIELD
             EXHIBIT 18  PHOTO OF UNDERPASS
             EXHIBIT 19  PHOTO OF UNDERPASS
             EXHIBIT 20  PHOTO OF SAM'S CLOTHING WITH STAND-IN
             EXHIBIT 21  PHOTO OF SAM'S LEG BRACES
             EXHIBIT 22  DEFENDANT'S SEQUENTIAL PHOTO STUDY A
             EXHIBIT 23  DEFENDANT'S SEQUENTIAL PHOTO STUDY B
             EXHIBIT 24  DEFENDANT'S SEQUENTIAL PHOTO STUDY C
             EXHIBIT 25  DEFENDANT'S SEQUENTIAL PHOTO STUDY D
             EXHIBIT 26  DEFENDANT'S SEQUENTIAL PHOTO STUDY E
             EXHIBIT 27  DEFENDANT'S SEQUENTIAL PHOTO STUDY F

       NEWCOMB'S DIAGRAMS, COMPUTER ANIMATION STILLS, AND PHOTOGRAPH
             EXHIBIT 28 DIAGRAM OF ACCIDENT SCENE WITH SKID MARKS
             EXHIBIT 28A CLOSE UP OF DIAGRAM OF ACCIDENT SCENE WITH SKID MARKS
             EXHIBIT 29 COMPUTER SIMULATION STILL: KIA 275' FROM IMPACT
             EXHIBIT 30 COMPUTER SIMULATION STILL: KIA 200' FROM IMPACT
             EXHIBIT 31 COMPUTER SIMULATION STILL: KIA 90' FROM IMPACT
             EXHIBIT 32 COMPUTER SIMULATION STILL: KIA 40' FROM IMPACT
             EXHIBIT 33 COMPUTER SIMULATION STILL: IMPACT
             EXHIBIT 34 PHOTO OF PEDESTRIAN 53' FROM CAR

       MEDICAL ILLUSTRATIONS
             EXHIBIT 35 ANATOMY AND FUNCTIONAL AREAS OF THE BRAIN
             EXHIBIT 36 THE PURPOSE OF THE FRONTAL LOBES
             EXHIBIT 37 CLOSE-UP VIEWS OF TRAUMATIC BRAIN INJURY
             EXHIBIT 38 SAM SCRUGGS--MECHANISM OF HEAD INJURY
             EXHIBIT 39A THE BRAIN IS WELL PROTECTED
             EXHIBIT 39B THE BRAIN IS WELL PROTECTED (WITH EXPLANATORY TEXT)
             EXHIBIT 40A SAM'S POSTACCIDENT BRAIN SCANS
             EXHIBIT 40B SAM'S POSTACCIDENT BRAIN SCANS (WITH EXPLANATORY TEXT)

DEPOSITIONS OF POTENTIAL WITNESSES
       CHRIS BUCK
       SANDY FIELDER
       ALEX FLYBERG
       JAN MORIARITY
       DALE NEWCOMB
       PAT/TAMMY SCRUGGS
       ROBIN SCRUGGS
       LYNN SNYDER
       FARIDAH Z. GOLDHAMMER, PHD
       H. JAN MCCLAREN, PHD

EDUCATION DEPARTMENT DISCHARGE SUMMARY BY DR. MCCLAREN

PRELIMINARY CARE PLAN

MEDICAL SUMMARY -- SAMUEL SCRUGGS
BY FRANCIS J. ZINDELL, MD

BILLING STATEMENT OF DALE NEWCOMB

EXCERPT FROM ACCIDENT RECONSTRUCTION PRINCIPLES
BY LOUIS R. CHARLES

EXCERPT FROM DIAGNOSING CLOSED HEAD INJURIES BY WILBERT VON BULOW, PHD

NITA GENERAL JURY INSTRUCTIONS

SPECIFIC INSTRUCTIONS FOR THE SCRUGGS CASE

VERDICT FORMS

PROBLEMS

       PROBLEM 1 BRAINSTORMING THE VIDEO OF THE PARK AND ACCIDENT SCENE
       PROBLEM 2 MOTION PRACTICE
       PROBLEM 3 BRAINSTORMING THE VIDEO OF THE FOCUS GROUP
       PROBLEM 4 VOIR DIRE
       PROBLEM 5 OPENING STATEMENT
       PROBLEM 6 EXHIBITS: PHOTOS
       PROBLEM 7 EXHIBITS: CLOTHING
       PROBLEM 8 EXHIBITS: DIAGRAMS
       PROBLEM 9 EXHIBITS: STOP-ACTION PHOTOS
       PROBLEM 10 EXHIBITS: PHOTO OF UNDERPASS SIGN
       PROBLEM 11 EXHIBITS: VIDEO OF CAMPSITE AND ACCIDENT SCENE
       PROBLEM 12 DIRECT AND CROSS-EXAMINATION OF PLAINTIFFS' WITNESS WITHOUT EXHIBITS
       PROBLEM 13 DIRECT AND CROSS-EXAMINATION OF PLAINTIFFS' WITNESS WITH EXHIBITS
       PROBLEM 14 DIRECT AND CROSS-EXAMINATION OF DEFENSE'S WITNESS WITHOUT EXHIBITS
       PROBLEM 15 DIRECT AND CROSS-EXAMINATION OF DEFENSE'S WITNESS WITH EXHIBITS
       PROBLEM 16 EXPERT EXAMINATION
       PROBLEM 17 IMPEACHMENT: LYNN SNYDER
       PROBLEM 18 IMPEACHMENT: CHRIS BUCK
       PROBLEM 19 IMPEACHMENT: ROBIN SCRUGGS
       PROBLEM 20 CLOSING ARGUMENT

NITA JUROR INFORMATION FORM

DVD CONTENTS

       PLEADINGS

       EXHIBITS

       DEPOSITIONS

       MEDICAL REPORTS

       TREATISE EXCERPTS

       JURY INSTRUCTIONS

       VERDICT FORMS

       NEWCOMB'S COMPUTER SIMULATIONS

       DEFENDANT'S SEQUENTIAL PHOTO STUDY

       PLAINTIFFS' CAMP AND ACCIDENT SCENE VIDEO*

       VIDEO OF MOCK JURY FOCUS GROUP*


* Note that this video requires DVD software to play.


November 8, 2010