NITA Publications

McLain v. Barber Case File

McLain has filed a personal injury action arising out of an automobile accident. The plaintiff, a potter by trade, sues for the value of his car, medical expenses, loss of income, and pain and suffering. His wife is suing for loss of consortium. The defendant counterclaims for damages to his car. This case file is designed so liability and damages can be separated. It contains twenty exhibits including conflicting medical reports. There are five witnesses for plaintiff and four witnesses for defendant.

• >> TABLE OF CONTENTS
  PROBLEMS
  
  TABLE OF CONTENTS
  
  Introduction
  
  Direct, Cross, and Redirect Examination
  
  I. Dennis McLain
  2. Alexander Barber
  3. Mark Dennison
  4. Steven Petersen
  5. Jeremy Brown
  
  Handling and Introduction of Exhibits
  
  6. X-Rays
  7. Police Report
  8. Weather Report
  9. Invoice
  10. Invoice
  11. Emergency Room Record
  12. Medical Bill
  13. Medical Records
  
  Problems in the Use of Demonstrative or Visual Aids
  
  14. Diagram
  
  Impeachment and Rehabilitation of Witnesses
  
  15. Alexander Barber
  16. Dennis McLain
  
  Discovery Depositions
  
  17. Dennis McLain
  18. Jennifer McLain
  19. Alexander Barber
  20. Dr. Michael Gratch
  21. Dr. Rachel Kaplan
  
  Advanced Direct and Cross-Examination
  
  22. Dennis McLain
  23. Jennifer McLain
  
  Examination of Skilled or Expert Witnesses
  
  24. Dr. Michael Gratch
  25. Dr. Jean Vitali
  26. Dr. Rachel Kaplan
  
  Jury Selection
  
  27. Voir Dire
  
  Opening Statement
  
  28. Opening Statement
  
  Closing Argument
  
  29. Closing Argument
  
  
  CASE FILE
  
  TABLE OF CONTENTS
  
  Statement of the Case
  
  Pleadings
  
  Complaint
  Joint Answer
  Answer to Counterclaim
  
  Deposition of Dennis McLain
  
  Invoice for Damages to YR-3 Toyota
  Diagram of Accident Scene
  Receipt for Booth Rental (Nita Crafts Show)
  Bill for Services (Dr. Jean Vitali)
  Bill for Services (Nita City Memorial Hospital Emergency Room)
  Bill for Services (Dr. Michael Gratch)
  Bill for Services (Lenow Institute)
  Bill for Services (Williamstown Back Rehabilitation Center)
  
  Deposition of Jennifer McLain
  
  Deposition of Mark Dennison
  
  Diagram of Accident Scene
  
  Deposition of Officer Dominic Fusco
  
  Diagram of Accident Scene
  Police Report
  
  Weather Report
  
  Uniform Arrest and Disposition Record (D. McLain)
  
  Medical Report--Dr. Michael Gratch
  McLain Medical Records
  McLain Progress Notes--Lenow Institute
  Anatomy of Hand
  Nita City Emergency Room Report
  X-Ray
  Curriculum Vitae--Dr. Michael Gratch
  Report Preparation Fee
  
  Deposition of Jean Vitali, M.D.
  
  Curriculum Vitae--Dr. Vitali
  
  Deposition of Alexander Barber
  
  Diagram of Accident Scene
  Invoice for Damage to YR-2 Cadillac
  Nita Driving Safety Record
  
  Deposition of Jeremy Brown
  
  Diagram of Accident Scene
  
  Deposition of Steven Petersen
  
  Diagram of Accident Scene
  
  Medical Report--Dr. Rachel Kaplan
  
  Curriculum Vitae--Dr. Rachel Kaplan
  Report Preparation Fee
  
  Pre-Trial Order (to be completed by trial attorneys)
  
  Verdict Form (Liability Only)
  
  Verdict Form (Liability and Damages)
  
  Jury Instructions

• >> AUTHORS
  
  
  • Beal, Ronald L.
    
    
    • Ronald L. Beal is Professor of Law at Baylor University School of Law, where he teaches courses in Texas Administrative Law and Federal Administrative Law, among other subjects. He has authored numerous law review articles that have been cited as authoritative by the Texas judiciary, taught training courses for administrative law judges and lectured in advanced courses for practicing lawyers. Professor Beal earned a J.D. from William Mitchell College of Law in 1979 after receiving a B.A. in 1975 from St. Olaf College. After graduation, he was a civil trial lawyer for three years in St. Paul, Minn., at Murnane, Brandt. Professor Beal then earned a LL.M. at Temple University School of Law in Philadelphia, Penn. In 1983, he joined the faculty at Baylor Law School. In 1991, he was honored by the State Bar of Texas Administrative and Public Law Council for writing the Outstanding Administrative Law Review Article and in 1994, Baylor University conferred upon him the award of Outstanding Research Professor. In 1997, he completed a treatise, Texas Administrative Practice and Procedure, which is considered the "bible" of Texas administrative law. He also has served as Editor-in-Chief of the General Practice Digest of the General Practice, Solo and Small Firm Section of the State Bar of Texas for the last 25 years. He has also been the contributing editor for Texas Administrative Law for 25 years.

  
  

  • Anthony J. Bocchino
    
    
    • Professor Anthony Bocchino is an honors graduate of the University of Connecticut School of Law after which he was a Bradway Fellow at the Duke University School of Law. He served as a full time faculty member at both the University of Connecticut School of Law and the Duke University Law School before joining the Temple University Beasley School of Law faculty in 1979. At the Beasley School of Law for the period 1979 -1989 he was Director of Temple's Trial Advocacy and Clinical Programs. He has designed the program, written materials and taught in the law school's Integrated Trial Advocacy Program which has been twice awarded the Gumpert Award for Excellence in Teaching Trial Advocacy from the American College of Trial Lawyers, in addition to receiving the Gambrell Award for Teaching Professionalism from the American Bar Association. In 1997 he was named by Temple University as the Jack E. Feinberg Professor of Litigation.
      
      Professor Bocchino has been honored with teaching awards from Duke University School of Law where he received the Mordecai Society Award and the Beasley School of Law where he was the first recipient of the George P. Williams II Memorial Award. In addition, he has received the Oliphant Award from the National Institute for Trial Advocacy and the Richard S. Jacobson Award from the Association of Trial Lawyers of America for excellence in teaching the art and science of trial advocacy.
      
      In addition to his law school duties Professor Bocchino has served as a faculty member for the National Institute for Trial Advocacy (NITA) since 1974, served as NITA's Director for five years and served as the organization's Editor in Chief. Bocchino has written materials and designed programs for trial, deposition, fact investigation, motion practice and appellate advocacy programs for more than 30 law firms and numerous public agencies. He has also conducted needs analyses and designed litigation skill curricula for numerous law firms. His CLE materials and program designs are among the most frequently utilized by those organizations. In addition, he has and will customize materials to the specific needs of individual clients.
      
      Professor Bocchino is the author of over 60 books and articles, predominantly in the fields of Evidence, Trial Advocacy, Civil Litigation and Professional Responsibility. His trial advocacy and/or deposition practice materials are used in a majority of the law schools in America, as well as in CLE litigation skills training in the public and private sectors.
      
      Professor Bocchino has been elected as a member of the American Law Institute, and named a Fellow of the American Bar Foundation, Litigation Counsel of America and the International Society of Barristers.