Davis vs. HappyLand Toy Company - Essay Example

Davis vs. HappyLand Toy Company Strategy that plaintiffs would use in the jury selection process Andrea Davis should establish a common bond with each member of the juror (Tarr 128). The strategy would establish rapport with the jurors so that when they look at Andrea, they will see something that defines their lives. Andrea and the three attorneys should take advantage of the questionnaires given by the court to learn about the details of each member of the jury. The plaintiff will get information about the jury members that they will make them give verdict in favor of Andrea. Some of the members have had unsatisfactory experiences with the large corporations such as HappyLand while others have had a loss of a kid. Questions for prospective jurors to determine if they have a bias i. Have you ever experienced loss of a relative following the negligence of another person? ii. Do you know the joy of parenting a young kid? iii. Kids are source of incomparable joy when they are two years, do you agree? Strategy that defendants would use in the jury selection process Bianca and the defense team can consider a peremptory challenge (Tarr 130). The removal of the jury would weed out the biased jurors who would determine the case in favor of the plaintiff. The case of Davis v. HappyLand company evokes emotional that may attach some of the juror members to the loss of Andrea’s loss. The jurors would then determine the case with bias based on the common bond they have established with Andrea. The defendants should use the persuasion capability of the three attorneys to convince the court to consider the challenge. However, the attorneys are not required by the law to give any particular reason for the challenge. Questions for the jurors to determine if they have a bias i. Manufacturing process is meticulous, and it regulated by the law, do you agree? ii. Would you ignore the findings of a pharmacology who understands makeup of products such as GHB? iii. Why would the caregiver choose defendants side? Opening statement: Defendant Good morning, ladies and gentlemen? We are here today to find out if that the death of Joey that occurred on August 2011 was caused by the negligence of her supervisors or HappyLand Company. The role of Joey’s caregiver will be put into perspective. We will provide evidence will proof why the plaintiff should not get damages. The findings of the pharmacology will also disapprove that the alleged cause of death though GHB product does not cause death unless ingested in large quantities. Therefore, the quantity of GHB contain in one Princess Bead cannot produce GHB that can be metabolized to a dangerous level. The company has met its burden of responsibility by providing sufficient warnings regarding the danger of ingesting beads. Joey does not fall into the age bracket that is targeted for the market of HappyLand Company. The defense team will provide witnesses and further evidence of proof beyond any reasonable doubt why the court should not pursue plaintiff consideration for damages. At the conclusion of this negligence trial, it is my sincere hope that in the interests of the justice you will find that the defendant is not responsible for the cause the loss of Joey. Thank you very much. Opening statement: Jury member We are here to determine a case where the plaintiff Andrea Davis is pursuing damages from HappyLand Company. The plaintiff is set to provide evidence and reasons why Bianca manufacturing process of Princess Beads is the cause for the loss of her daughter Joey. She has cited negligence on the part of the company due to inclusion GHB that is allegedly dangerous when ingested. The defense team working in favor of Mrs. Bianca will provide evidence why it should not be sued for damages. It is set to provide evidence that the manufacturing process did not falter, and the marketing team met its burden of responsibility regarding consumption of the beads. The jury will listen to both sides of the case and give a fair verdict that is within the limits of the justice. The verdict will determine if the plaintiff will get damages for her loss, or Happyland Company will be acquitted from the case. Thank you. Proof requirrement fom the plaintiff’s team Andrea Davis should provide details regarding the manufacturing process of Princess Beads. The duty of the attorneys must use the findings of the Dr. Charles and Charlene Tuchmont, the clinical toxicologist to prove that 1-4B substance can cause death when ingested. The toxicologist that the amount of 1-4B in the beads led to the death of Joey should prove the negligent of the company. In addition, the plaintiff team should also downplay the role of the marketing team’s burden of responsibility. Joey is underage and has no capability to read the warnings about the dangers of ingesting the beds inscribed on the toy. What defendants need to prove in order to utilize any defenses? CEO Bianca and the defense team should align defenses such as the inadequate role of Joey’s caregiver. The babysitter should be cross-examined to explain how the incidence transpired on that day because the plaintiff was an alibi. Defendants should also prove the worth of warnings inscribed on the packaging in order to discount the plaintiff’s claim that it does not hold as evidence in the case. Dr. Richard, an expert in Pharmacology should counterclaim that the 1-4B levels led to the death of Joey. The expert must provide tangible evidence in the amount of 1-4B ingestion that can cause death before the court. Closing statement: Plaintiff Ladies and gentlemen of the jury, kindly ask yourselves, why did the defendant choose to use a substance to manufacture household product that can cause harm upon ingestion? Why is the babysitter in the defense team if she was a caregiver at the time of Joey’s death? We have provided evidence that the company cannot use inscriptions for underage children, and our toxicologist has demonstrated how dangerous 1-4B can be. Consider the defendants liability for the damages caused to the plaintiff by the interest of justice. Work Cited Tarr, G. Alan. Judicial Process and Judicial Policymaking. 2012. Print. Read More