2020 - Law Course Hypotheticals - Developing A Civil Practice

Howard University School of Law
2020 Developing a High-End Civil Trial Practice

James Carter, Esq.
Hypotheticals
Instructions
Each law firm will be required to present on the last day of class on the assigned fact
scenario. The law firm should assume liability and causation are established against the
defendant(s) in each fact pattern. Assume facts when necessary.
In each case, the plaintiff’s work life is up to age 65, and life expectancy is 78 years old.
For purposes of the fact scenarios, each attorney in the firm is licensed in the state in which the
lawsuit may be filed. On the day of the firm presentations, each firm member is expected to be
dressed in court attire. The law firms must examine and present on each of the following
questions:
1. Why did the firm choose the specific location in the city in which it is located?
2. What influenced each member of the firm to choose their specific professional image?
3. What method of advertising did the firm use and how was the case obtained?
4. What capacity did the law firm have to handle the case?
5. How did the law firm finance the case?
6. How did the firm “work up” the case?
7. What experts were used for the case?
8. In what manner did the firm use focus groups and mock trials?
9. How did the firm prepare for mediating the case?
Law Firm A - Hypothetical
Your firm is located in New York, New York
Jerome “Hercules” Carter, 29, was a professional body builder from Hawaii, but lived in
Buffalo, New York. “Hercules” was so strong that he was able to bench press 700lbs and
earned $750,000.00 per year. On October 1, 2020, Hercules was going through his unusually
high-power weight lifting routine at Purple Strength Power Lifting Gym. Suddenly one of the
spotters slipped while attempting to lower the weight into Hercules’ hands. Tragically, the 600lb
weight fell on his head and crushed his skull. The spotter Denzel “The Strong Man” Smith
worked for Purple Strength Power Lifting Gym and had been drinking Everclear just before he
arrived to work. Hercules now has a traumatic brain injury and can no longer take care of
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himself. Sadly, he will never be able to work in any job again. Purple Strength Power Lifting
Gym has $2,000,000.00 in general liability coverage.
Law Firm B - Hypothetical
Your firm is located in Chicago, Illinois
Rony Spiral was 33 years old when on July 1, 2020 he boarded a Brice Airbus 1911
commercial aircraft on its way from Mount Bayou, Mississippi to Addis Ababa, Ethiopia. After a
20 hour flight, which had smoothly descended to 200 feet, the plane suddenly crashed killing all
on board except Rony Spiral. Due to the crash, Rony has multiple broken bones and burns over
90% percent of his body. A computer glitch caused the crash, and Brice Airbus knew it was a
problem but flew the aircraft anyway. Brice Airbus has $3,000,000,000.00 in general liability
insurance. Mr. Spiral was a welder and earned $62,000 a year. He can no longer work.
Law Firm C - Hypothetical

Your law is located in New Orleans, Louisiana
Pauline Clark was 60 years old and would experience mental breakdowns. She had been
diagnosed with Paranoid Schizophrenia. On several occasions prior to the instant mental episode,
her family would call law enforcement to grant her safe passage to a mental health facility. Law
enforcement had always been courteous, professional and helpful. However, on September 1,
2020, law enforcement came out to 1 English Turn St., Rene, LA in response to a 911 call for
assistance. Instead of using the Memphis Model to deescalate Ms. Clark’s psychotic non-
threatening episode, Rene police wrestled her to the ground, punched her several times, tased her
20 times and beat her with a Billy Club. Ms. Clark sustained multiple fractures to her hands and
legs.
Ms. Clark is an international renowned classical pianist and can no longer play the piano.
She earned $1,500,000.00 a year and has also become suicidal. The city of Rene is self-insured.
Law Firm D – Hypothetical
Your law firm is located in Juneau, Alaska
Sidney Gates, 41, was a fisherman who really enjoyed his craft. He spent 16 hours on his
fishing boat every day. He earned about $200,000.00 a year. On New Years day 2019, he went to
High Tide Marine boating store to buy a new motor for his boat. High Tide Marine is located in
Juneau. While testing the boat motor inside the store, the propeller flew off and completely
severed his left arm. The impact also caused him to experience a hard fall striking his back.
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Mr. Gates suffered significant injuries to his back. A MRI revealed that he has multiple
herniations in the lumbar region of his back. Even after enduring the accident, Mr. Gates
continues to attempt fishing, but the pain does not allow him to fish more than 2 hours a day. His
ability to work is materially compromised. High Tide Marine and the boat motor manufacturer
Real Deal Boat Motors, Co. both have general liability policies valued at $50,000,00.00.

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Howard University School of Law

2020 Developing a High-End Civil Trial Practice

Law Firm A - Hypothetical

Your firm is located in New York, New York

Law Firm B - Hypothetical

Your firm is located in Chicago, Illinois

Law Firm C - Hypothetical

Law Firm D – Hypothetical

Your law firm is located in Juneau, Alaska

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