Darngood v. Landers and PUDS, Plaintiffs Materials

CONTENTS

Directions for Determining Dates, Ages, and Applicable Law

Procedural and Factual History
Introduction
Background
Description of the Scene
Police Accident Report
Diagrams
Supplementary Report and Alcohol Influence Report
Toxicologist Report
Medical Report
Traffic and Walk Signals
PUDS Delivery Van Specifications
Speed Calculation
Issues Raised
Witnesses
Expert Witnesses
Plaintiff
Defendants
Police Officer
Expert Medical Witness
Expert Toxicologist Witness
Party and Witness Depositions and/or Statements
Exhibits and Documents

The Facts
Detailed Timeline of Significant Dates
Memo from Juliette Nelson-Picket to PUDS Employees
Attached Collective Bargaining Agreement
Memo from Juliette Nelson-Picket to PUDS Employees
Attached Picket Up Delivery Services--Special Rule
Traffic Violation Policy: B(1)
Memo from Homer Picket to Employee (Landers) File
Letter of Reprimand from Juliette Nelson-Picket to Mel Landers
Metropolitan News [Christmas Traffic Accident Takes Its Toll!]
Metropolitan News [Three Companies Announce Major Initiatives]
Police Report--Officer R.J. Moore (and Attachments)
PUDS Van Specifications
Picture of Mussel Pot
Photograph of Stop and Walk Signals
Speed Calculation
Photographs of PUDS Uniform Shirt (Front and Back)
Photograph of Downtown Nita City
Accident Diagram with PUDS Van
Accident Diagram without PUDS Van
Supplementary Traffic Report
Alcohol Influence Report
Intoxilyzer Test Record
Alcohol Impairment Charts
Helen Darngood's Resignation Letter

Pleadings--Summons, Complaint, and Answer--Trial (Court/Jury)

Statements /Depositions
For the Plaintiff:
Deposition of Helen Darngood
Deposition of Cooper Earle
Deposition of George Carpenter
Deposition of Margaret Hanson
For the Defendants:
Deposition of Mel Landers
Deposition of Homer Picket
Deposition of Perry Reinhart

Expert Medical Report
Expert Medical Report, C.R. Strickland, MD

Appendices

Appendix A: Directions
Representation of Multiple Clients
Burden of Proof
Court or Jury Trial
Order of Presentation and Rules of Evidence
Court or Jury Trial
Suggested Time Schedules
Court Trial
Jury Trial
Expert Witnesses
Negotiation and Mediation

Appendix B: Nita Applicable Law

Appendix C: Manual for the Wheeled Vehicle Driver--Departments of Army and Air Force

Appendix D: Joint Statement of Case

Appendix E: Memo to Senior Partner--Preliminary Legal and Strategic Analysis--for Plaintiff

Appendix F: Memo to Senior Partner--Preliminary Legal and Strategic Analysis--for Defendants

Appendix G: Summary of Cases Cited

Appendix H: Jury Instructions and Special Verdict Form

Exhibit List [Exhibits located on CD]

Exhibit 1: Collective Bargaining Agreement between Picket Up Delivery Services and IATW
(Witnesses: Mel Landers, Perry Reinhart, Homer Picket)

Exhibit 2: Picket Up Delivery Services Special Rule--Traffic Violation Policy: B(1)
(Witnesses: Mel Landers, Perry Reinhart, Homer Picket)

Exhibit 3: Memo from Homer Picket to Employee (Landers) File
(Witnesses: Homer Picket and Mel Landers)

Exhibit 4: Letter of Reprimand from Juliette Nelson-Picket to Mel Landers
(Witnesses: Mel Landers, Perry Reinhart)

Exhibit 5: PUDS Van Specifications
(By Stipulation--All Parties)

Exhibit 6: Picture of Mussel Pot
(Witness: Cooper Earle)

Exhibit 7: Photograph of Stop and Walk Signals
(Witnesses: Helen Darngood, Cooper Earle, Mel Landers)

Exhibit 8: Speed Calculation
(By Stipulation--All Parties)

Exhibit 9: Photographs of PUDS Uniform Shirt (Front and Back)
(Witnesses: Cooper Earle, Mel Landers, Perry Reinhart)

Exhibit 10: Photograph of Downtown Nita City--Looking North on Seventh Street from Grand Avenue
(Witnesses: Helen Darngood, Cooper Earle, Mel Landers)

Exhibit 11: Accident Diagram With Picket Up Delivery Services Van
(Witnesses: Mel Landers, Helen Darngood, Cooper Earle)

Exhibit 12: Accident Diagram Without Picket Up Delivery Services Van
(Witnesses: Mel Landers, Helen Darngood, Cooper Earle)

Exhibit 13: Alcohol Influence Report
(By Stipulation--All Parties)

Exhibit 14: Intoxilyzer Test Record
(By Stipulation--All Parties)

Exhibit 15: Alcohol Impairment Charts
(By Stipulation--All Parties)

Exhibit 16: Helen Darngood's Resignation Letter
(Witness: Helen Darngood)

Exhibit 17: Expert Medical Report, C.R. Strickland, MD
(By Stipulation--All Parties)

Exhibit 18: Manual for The Wheeled Vehicle Driver--Departments of Army and Air Force (Appendix C)
(By Stipulation--All Parties)

Learning Materials

Planning Guide and Checklist
Section 1. General
Section 2. Negotiation
Section 3. Mediation
Section 4. Discovery
Section 5. Motions/Oral Argument
Section 6. Trial (Court/Jury)

Learning Objectives

Trial (Court/Jury)--Arbitration
Depositions
Negotiation
Mediation
Motions/Oral Argument
Expert Witnesses

John O. Sonsteng

John O. Sonsteng joined the William Mitchell College of Law faculty in 1979 and immediately began working on the college's trial advocacy and other skills courses. With colleague Roger Haydock, he created more than fifty trial skills videotapes and manuals for the National Institute of Trial Advocacy (NITA) and developed the college's lawyering, advocacy and practicum classes. He received his B.A. and J.D. degrees from the University of Minnesota. Professor Sonsteng has played an active role in NITA, serving as a faculty member since 1974, regional director since 1989, and facilitating more than one hundred training sessions for the organization. He is a member of NITA's Program Director's Advisory Committee. His commitment to educating law students and lawyers was recognized by NITA with the 2007 Honorable Prentice H. Marshall Faculty Award. He was the first recipient of the "Advocate" award from the Minnesota State Bar Association for outstanding achievement and contribution to the bar. The National College of Trial Lawyers honored Sonsteng with the Emil Gumpert Award for excellence in teaching trial advocacy. Sonsteng created the NITA's first online Effective Advocate Training Program and recently published the Practicum Series Advocacy Exercises, with NITA, based on the materials he designed for William Mitchell Legal Practicum courses. He co-created William Mitchell's hands-on Business Practice and General Practice Legal Practicum courses and has taught advanced advocacy, criminal law and criminal procedure during his thirty years at William Mitchell. He was recently named director of international programs and is working with students, faculty, and alumni on codifying and expanding Mitchell's international opportunities. Professor Sonsteng was a Fulbright Lecturer in Aberdeen, Scotland and a City Solicitors Education Trust Visiting Professor in Litigation Advocacy at England's Nottingham Law School. He lectures frequently for the Labor Arbitration Institute throughout the United States. He has taught advocacy skills throughout the United States, Canada, Ireland, Northern Ireland, Scotland, Wales, Singapore and Turkey. He has trained lawyers in effective advocacy skills in law firms and companies. Before joining the Mitchell faculty, he served as the elected Dakota County attorney and prior to that was an assistant Hennepin County attorney. He was the president of the Minnesota County Attorney's Association and served on the board of the National District Attorney's Association. He also has served on many public and private boards. In 2010, Sonsteng was named the recipient of the John J. McAulay Legal Educator Award, by the Phi Alpha Delta Law Fraternity, International. The prestigious annual award recognizes an educator whose contribution to legal education epitomizes the fraternity's ideal of a lifetime of dedication to the principles of integrity, compassion, courage, and professional service.

Linda Thorstad

Linda Thorstad has been the administrative coordinator for the business practicum at William Mitchell College of Law since it began in the spring of 2008. She joined the school in 1996 as a faculty publication specialist. Working with John Sonsteng, a professor at Mitchell, Thorstad began co-authoring and developing practicum exercises for the legal practicum and advanced advocacy courses. Again working together, they have since developed and designed the Legal Practicum: Business Practice course and materials. Before joining Mitchell, Thorstad worded as a newspaper advertising representative, a small business owner, a real estate broker, editorial assistant, geography instructor and author. She continues to be a free-lance writer. Thorstad has a B.S. in geography from St. Cloud State University, Minnesota; a M.S. in geography from Western Washington University, Bellingham, Washington; and a Ph.D. in cultural geography and American history from Louisiana State University.

Jennifer W. Miller

Jennifer Miller has been part of the Legal Practice Center for over 10 years. She administers the Legal Practicum: General Practice course, the Advanced Advocacy course, and the Mitchell in London program. Prior to coming to work at William Mitchell, Jennifer worked as an administrative assistant at a law firm, an acute medical center, and a television station. Jennifer received her Bachelor of Arts degree in English from the University of Missouri, Columbia.