NITA Publications

Potter v. Shrackle and the Shrackle Construction Company Case File, 6th Edition with CD

Charles Shrackle's truck strikes and kills Katherine Potter as she is crossing the street in Nita City. Her estate brings a wrongful death action against Shrackle and his company. This classic file is ideal for teaching basic trial skills and has been updated to reflect today's pertinent issues. Was Katherine Potter crossing in a crosswalk? Was the accident caused by the use of a cell phone? Was Jeffrey Potter involved in an affair when his wife died? There are six witnesses for the plaintiff and four witnesses for the defendants.

Revision based on the original file created by Kenneth S. Broun and James H. Seckinger.

• >> TABLE OF CONTENTS
  CONTENTS
  
  Acknowledgments
  
  Introduction
  
  Special Instructions for Use as a Full Trial
  
  Complaint
  
  Answer
  
  Summary of Depositions
  Marilyn Kelly
  Juanita Williams
  Victoria Williams
  Alice Mallory
  Benjamin Grimson
  Michael Young
  James Marshall
  Charles Shrackle
  Jeffrey Potter
  Daniel Sloan
  
  Dr. Robert Glenn Expert Report with Tables
  
  Curriculum Vitae of Dr. Robert Glenn
  
  Dr. Elizabeth Buchanan Expert Report with Tables
  
  Curriculum Vitae of Dr. Elizabeth Buchanan
  
  Dyer Memorandum to Dr. Glenn
  
  Jury Instructions
  
  Verdict Form
  
  Exhibits
  1. Police Accident Report
  2. Diagram of Intersection
  3. Electronic Diagram of Intersection
  4. Photo of Katherine Potter at Scene
  5. Photo of Katherine Potter While Alive
  6. Photo of Charles Shrackle
  7. Photo of Shrackle Truck
  8. Photo of Shrackle Truck
  9-21. Photos of Intersection
  22. Statement of James Marshall
  23. Poe E-Mail to Shrackle
  24. Shrackle E-Mail to Poe
  25. Weather Bureau Report
  26. Nita Memorial Hospital Statement
  27. Odell Funeral Home Invoice
  28. Potter Letter to Dr. Stevens
  29. Nita Travel eTicket for Potter
  30. Nita Travel eTicket for Tobias
  31. Martinque Princess Hotel Bill
  32. Photo of Potter and Tobias in Martinique
  33. William James Letter
  
  Special Impeachment Problems
  
  Thumbnails of PowerPoint Slides

• >> AUTHORS
  
  
  • Kenneth S. Broun
    
    
    • Kenneth S. Broun is Henry Brandis Professor of Law at the University of North Carolina at Chapel Hill School of Law. Previous positions he has held include counsel with Petree, Stockton and Robinson, Raleigh, North Carolina; dean, University of North Carolina at Chapel Hill School of Law, and director, National Institute for Trial Advocacy. He is a member of the Federal Rules Advisory Committee, the Federal Judicial Center, the Black Lawyers Association of South Africa and is a fellow of the American Bar Association. Broun's other activities and honors include past mayor, town of Chapel Hill; member, Board of Directors, Center for Death Penalty Litigation; recipient of the Frederick B. McCall Award for Teaching Excellence at the University of North Carolina at Chapel Hill School of Law; and an International Society of Barristers Academic Fellow.

  
  

  • Frank D. Rothschild
    
    
    • Frank D. Rothschild has taught and lectured on trial advocacy since the 1970s. During that time he has been a NITA team leader and faculty member in hundreds of basic and advanced trial, deposition and technology courses. He has designed and been faculty at innumerable in-house programs for firms, insurance companies, public defender and prosecution agencies. In 1996 he received the Hon. Prentice H. Marshall Faculty Award from NITA. Mr. Rothschild graduated from Georgetown University Law Center and then clerked at the U.S. Court of Claims in Washington, D.C. He then started a private general practice in Marin County, California, before becoming a public defender in Juneau, Alaska. He became a civil litigator for Perkins Coi in its Anchorage, Alaska office, followed by becoming a felony prosecutor for the Anchorage District Attorney's office. In 1985 he moved to Hawaii, where he has lived since. Besides the many trial training programs he teaches each year, Mr. Rothschild also serves as an arbitrator/mediator for the American Arbitration Association and Dispute Prevention and Resolution, based in Honolulu. He has also served as a per diem judge on Kauai since 1994, and is a member of the appellate mediation panel for the Hawaii Judiciary's Center for Alternative Dispute Resolution. Mr. Rothschild has authored or co-authored over twenty publications including PowerPoint 2003: 50 Great Tips for Better, Easier Slides (NITA 2005); PowerPoint 2002 for Litigators (NITA 2002) and a chapter titled "Top Ten Screwups in Direct and Cross Examination of Experts" in 2000 Wiley Expert Witness Update (Aspen Law and Business 1999).

  
  

  • James H. Seckinger
    
    
    • James H. Seckinger, one of the nation's outstanding trial-advocacy teachers, has been part of the faculty of the Notre Dame Law School since 1974. Professor Seckinger teaches and writes in the areas of deposition techniques, evidence, professional responsibility and trial advocacy. Since 1973, he has been a member of the faculty of the National Institute for Trial Advocacy (NITA) and served as its director from 1979 to 1994. He earned his B.S. from St. John's University (Minnesota) in 1964, his M.S. from Vanderbilt University in 1968, and his J.D. from Notre Dame in 1968, where he served as articles editor of the Notre Dame Law Review. A member of the Colorado Bar since 1968 and the Indiana Bar since 1976, Professor Seckinger clerked for the Honorable William E. Doyle on the U.S. District Court in Denver, Colorado (1968-69), served as director of litigation at Denver Legal Aid (1969-72) as a Reginald Heber Smith Fellow, served as chief deputy district attorney at the Denver District Attorney's office (1972-74), and held a visiting professorship at Cornell (1978-79).