Friday, February 17, 2006

Convincing?

Mock Trial competitions have commenced and I am determined to pull off a victory. These times of the year are a trip cause you find yourself competing against some of your going up against folk you have never had a conversation with. In my case, my partner is someone that I had words with about the war. An older true southern Republican type. Talk about a mixmatch. It's good for me though. I am forced to put my own personal beliefs to the side, or even over look the positions of others to try and be successful in the competition. Who knows, may be I gained a new friend.
Your Honor, members of the Jury, My name is Spike Zee together with my co-counsel D.J. Paul, we represent Mr. and Ms. Ronald McGee. The family has filed a wrongful death suit against the school board for the loss of their twelve year old daughter Rebecca McGee which occurred on 10/08/04/. Rebecca was tragically stuck and killed by a vehicle as she attempted to navigate across a six lane road. How Rebecca was put into a position of crossing a busy six lane road is why we are here today. This is a case about the how a series of negligence acts by the school board and its employees led to the ultimate death of little Rebecca. Their negligent acts in this case were kind of like how a giant wave forms, it builds up and builds up, becoming so large that it takes out everything in its path. Except in this case, this wave of negligence led to the death of my clients twelve year old daughter. The school board assumed a duty to ensure my clients that their daughter would be safely transported between the school and their home. The school board failed to do so. Rebecca got on the school bus like she did everyday, except on 10/8 she never made it home. The school board has a duty to ensure that its bus drivers operate the buses safely and in compliance with its rules and policies. Well, on 10/08, the evidence will show that the driver of the bus, Mr. Chris Allman was not a school bus driver put a physical education teacher who never drove a school bus before. Testimony will show he was not even familiar with the particulars of the route when he was handed the keys to the bus. The school board has a duty to ensure that the person it selects to operate its buses are properly licensed and operates the bus in compliance with all board rules and policies. There will be testimony that shows that Mr. Allman was driving the bus in violation of state law as he did not have the proper license to drive the bus. Once again, the board failed in this duty. The board failed in each of the duties which it owed to little Rebecca and to my clients. This pattern of negligence placed Rebecca in a position she had never previously been in. You will hear evidence that the Driver did not follow the correct route and let Rebecca off on the wrong side of the street. And while Rebecca was attempting to navigate across the final three lanes, she was struck by a driver who tried desperately to avoid hitting her, but in the end was unable to. The school board and its attorneys are going to stand before you attempt to blame others for this accident. It was the driver Dana Dalton who struck Rebecca who was at fault, the school board may even have the audacity to blame Rebecca for her death. I am going to tell you now, such blame is misdirected. The school board had a duty and breached that Duty to get my clients child the door steps of her home. Their actions were the proximate cause of Rebecca McGee’s death. Members of the jury, remember this, but for the many negligent acts which begin from the time Mr. Allman cranked the ignition of to the bus, to the time Rebecca was lets off the bus to cross six lanes of traffic, my clients child would still be alive to day After you have heard all of the evidence, we ask that you return a verdict for the family of Rebecca McGee finding the negligence of the school board the proximate and only cause of her death. Thank you for your time and attention.

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