Do you know any of the party-the plaintiff

Assignment Help Business Law and Ethics
Reference no: EM133194714 , Length: 3 pages

Personal Information

My name is Jessica Albrighton. I am an American senior citizen 58 years of age, and I live in Rio Linda in Sacramento, California. I am a widowed mother of 5 children who are all adults now pursuing different careers and a grandmother to 6 grandchildren, all girls. I am also a low-income earner working as a guiding and counseling officer for a local school and addiction rehab facility. I also run a small local pastry shop in Rio Linda. I am currently dealing with several medical conditions, including arthritis (in my knees) and diabetes. However, both conditions are under control because I have received medical attention and care.

Background
I was bone in 1964 in Ashville, North Carolina 1964, where I attended early childhood education and high school at Ashville School. My family then relocated to Ohio, where I attended college at Miami University. I hold a bachelor's degree in psychology, and I have practiced psychology for 21 years. I married my husband, who had a government job in California. I have therefore lived in my current residence for the past 27 years. Aside from practicing psychology, I have also been involved in research and publications to make mental health more inclusive, given the intensifying diversity of the American communities. My daily activities include alternating among being a mother, a grandmother, a counselor, a researcher, and a part-time baker. I have also developed recipes that combine African, European, and Asia baking techniques and ingredients.

Hobbies and Interests
Therefore, my hobbies include biking, swimming, writing, and interacting with people. I like interacting with people because it gives me different perceptions of how the world is viewed. Understanding these perceptions is essential for my work as a researcher and a counselor.
****Mock Trial Case

Mock Trial

Case: Johnson vs. Coldrock Tire and Rubber Company
In March 2016, John "Johnny" Johnson, a mechanic employed by Infiniti of Parkland, attempted to mount a 16-inch tire on a 17-inch rim of an Infiniti G35 wheel. While installing the tire, he leaned and reached over the assembly and the tire exploded, causing him serious, permanent injuries. Mr. Johnson lost three fingers of his right hand in the accident, as well as the vision in his right eye. In addition to his job at the dealership, Mr. Johnson was an aspiring reggae musician who the day of the accident had received a multi-million dollar record contract offer from Tinseltown Records. Mr. Johnson filed suit in Florida's 17th Judicial Circuit Court against his employer, American Hawk Company- the manufacturer of the wheel, Nissan Motor Company - the manufacturer of the automobile and designer of the wheel and Coldrock Tire and Rubber Company - the manufacturer of the tire. Mr. Johnson had 10 years of experience as a mechanic and had received three days of on-site training from representatives of Coldrock. The dealership, wheel manufacturer and automobile manufacturer all settled, leaving Coldrock as the remaining defendant.

This is a civil tort case and not a criminal one. Causes of actions will consist of claims for

1. Negligence, and
2. (Strict) product liability

An issue in the case is the labeling on the tire. The tire had a label, advising users never to mount a 16-inch tire on a 17-inch rim, warning of the danger of severe injury or death, and included a drawing of a mechanic leaning over the tire to install it with a circle and red line drawn through it. Whether the label was sufficiently conspicuous or adequately depicted the resulting danger or risk of injury, remains an open issue. In depositions, Johnson admitted that he ignored these warnings at the urging of his employer, especially because it was common practice to install smaller tires on larger rims of the Infiniti G35. During discovery, Johnson's attorneys explored why Coldrock did not use a safer "bead" design. The bead is a rubber encased steel wire, which circles the tire and holds it on to the rim. Each side has offered up experts, with Johnson's pointing out that other manufacturers use different and safer bead designs and Coldrock's arguing that the Coldrock design was the safest in the industry, and a different design would not have changed the outcome.

The defendant in the case is Roger "Cole" Coldrock, CEO of the company, who is being represented by the Wall Street firm of Ben, Jarvis, Green & Ellis, LLP. The plaintiff is being represented by the law firm of Dewey, Cheatum & Howe, LLP, a specialist in product liability suits. The assigned judge in the case is the Hon. Solomon Cardozo Holmes, a recent appointee by the Republican governor. Before his appointment, Judge Holmes was in private practice with a large Fort Lauderdale firm; his major client was General Motors.

Questions (There are some questions that are similar because it is two set of attorneys, the answers need to be the same)
Please tell about yourself.
Are you currently working?
Do you know any of the party-the Plaintiff or the Defendant? If so, can you elaborate your relationship with them?
Have you had experience in filing court cases before?
Are you familiar with any of the present witnesses?
Have you or a relative ever worked in tire shops? Have you ever had an accident involving tires?
Do you have any relative, or yourself, in the mechanic field?
Have you ever been injured at work?
Have you ever worked in an environment that requires safety precautions to perform your tasks?
Do you believe that most companies care more about profits than they do for employees?
Do you have any moral or religious beliefs that you think may influence you on the decision of this trial?
Is there any reason you believe you will not be suitable to serve for this case?
Have you ever taken your vehicle for service at the location where the incident took place?
According to you how important it is to conduct business ethically.
What are your views towards monetary damages, and damages that punish the defendant?
Describe a situation where you were right but still had to follow management's directions.
Do you read the instruction manual every time you use a washing machine, or do you follow a routine by memory?
If you won the lottery and you went back to work the next day, how important would you treat your work? Would you have even returned to work the next day after winning the lottery? Please explain.
Do you believe that accidents could be prevented in the workplace by following company procedures? And why?
Have you read in the newspapers, read on the internet, seen on television, or heard on the radio anything about this case, do you have any knowledge of the facts or events of this case?
--------
Does any member of the jury panel have any personal knowledge of this incident?
Is there anything about this case that would cause you to believe that you could not consider the evidence fairly and impartially according to the law?
The parties of the case are as follows:
John Johnson, the Plaintiff
Roger Coldrock, Defendant
Is any member of the jury familiar with any of the parties in this case?
The attorneys in the case are as follows:
Plaintiff: Dewey, Cheatum & Howe, LLP
Defendant: Ben, Jarvis, Green & Ellis, LLP
Is any member of the jury panel familiar with the attorneys in this case?
Have you, any member of your immediate family or close personal friend been involved in a lawsuit or claim against another person, as either the party bringing the claim or defending the claim? If so, would that experience affect your ability to be fair and impartial in this case?
Have you, any member of your immediate family or close personal friend been injured in an accident that was caused by another person's negligence? Or, have you been involved in an accident that was your responsibility that resulted in another person's injuries? If so, would that experience affect your ability to be fair and impartial in this case?
Have you, any member of your immediate family or close personal friend ever had a facial injury? If so, would that experience affect your ability to be fair and impartial in this case?
Have you, any member of your immediate family or close personal friend lost a limb due to an accident? If so, would that experience affect your ability to be fair and impartial in this case?
Have you, any member of your immediate family or close personal friend ever worked in the legal profession? If so, would that experience affect your ability to be fair and impartial in this case?
Have you, any member of your immediate family or close personal friend, worked as a vehicle mechanic presently or in the past? If so, would that experience affect your ability to be fair and impartial in this case?
Have you ever served on a jury before?
Do you have any preconceived notions, prejudices, or feelings about people who bring lawsuits or make claims for injuries they have sustained arising out of someone else's negligence?
Do you feel that you would have any difficulty in following the Court's instructions on the law?
Have you had any personal experiences that you believe would prevent you from rendering a fair and impartial verdict in this personal injury case?
Do you have any physical problems or personal commitment problems that would prevent you from sitting on this jury?
Do you believe that you would have any problem for any reason rendering a fair and impartial verdict for any reason?
Do you have any bias at all towards the plaintiff for bringing the lawsuit against the Defendant or any bias towards Defendant for defending the claim?
If selected as a juror, you will take an oath to follow the law. Do you think you would have trouble following the law even if you may disagree with it?
Did you know any of the other jurors before this meeting?
Have you ever been involved in a civil tort case? In what way?

Reference no: EM133194714

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