NITA Publications

State v. Cooper

Ethan Eldermahn is a sixty-year-old man with Parkinson's disease who has been found unconscious in his backyard. He suffered heatstroke and severe sunburn and has suspicious bruises on his arms and legs. The defendant, Calvin Cooper, has been charged with two counts of elder abuse and neglect. Cooper denies ever physically abusing Eldermahn and asserts that he was in the care of the housekeeper, Greta Mayerson, at the time the alleged neglect took place. The defendant claims he was the victim's friend and companion and was neither licensed nor employed as a caretaker. There are six witnesses for the plaintiff and four witnesses for the defendant.

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• >> TABLE OF CONTENTS
  Contents
  
  Introduction
  
  Problems
  
  Case Summary
  
  Instructions for Use as a Full Trial
  
  Stipulations
  
  Arrest Warrant
  
  Affidavit of Complaint
  
  Arrest Report
  
  Nita City Street Map
  
  Harmon Staff Biography
  
  Incident Report
  
  Statement of Greta Mayerson
  
  Diagram of Library and Garden-1800 Mockingbird Lane
  
  Third Floor Diagram
  
  Medallion Picture
  
  Picture of Shirt and Azalea Bush
  
  Nita General Hospital ER Report
  
  Body Diagram
  
  Resume of Dr. Erin McMichael
  
  Statement of EMT Ralph Parker
  
  Indictment--Count 1
  
  Indictment--Count 2
  
  Eldred Hospital Record (Gothitann)
  
  Eldred Hospital Record (English translation)
  
  Resume of Wasily Mzlawcz
  
  Eldermahn Birth Certificate and Apostille (Gothitann)
  
  Eldermahn Birth Certificate (English translation)
  
  Statement of Calvin Cooper
  
  Statement of Gunther Thomas
  
  Crescent Moon Hotel Ledger
  
  District Attorney Memo--Jamie Foster
  
  Statement of Jamie Foster
  
  Biltwell Indecruise Owner's Manual
  
  Joystick Diagram
  
  Letter from John Lovecraft
  
  Nita Gazette Article
  
  Deposition of Dr. Connor Cornell
  
  NitAmericard Statement
  
  Excerpt from Geriatric Practice by Dominick Simcaud
  
  Gothitannica Code Section 7822
  
  Nita Statutes
  
  Jury Instructions
  
  Jury Verdict Form

• >> AUTHOR
  
  
  • Donna S. Harkness
    
    
    • Donna S. Harkness is currently Professor of Clinical Law and Director, Elder Law Clinic. She was associate professor of clinical law 2004-2009 and the Director of the Elder Law Clinic since 1996. She is a National Elder Law Foundation certified elder law attorney and a Tennessee certified elder law specialist. She is the author of one book, Elder Law Essentials (Knowles, 2008), which provides a basic overview of the substantive law, ethical issues and practice concerns that confront attorneys serving elderly clients. Professor Harkness' publications have appeared in the Elder Law Journal, Marquette Elder's Advisor, and the Brooklyn Journal of Law and Policy. She authored four elder law case files for the National Institute of Trial Advocacy (NITA) involving various issues, including a will contest, elder abuse, predatory lending and wrongful death in a long term case institution. She was also the recipient of a Borchard Foundation Law and Aging research grant to study predatory lending. Finally, she has authored a number of expert commentaries for LexisNexis.