Gwen Roseman Stern's Books

Avila v. Nita City Hospital

Case File

By: Gwen Roseman Stern,Andrew J. Stern,Philip Pasquarello

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Avila v. Nita City Hospital

Case File

By: Gwen Roseman Stern,Andrew J. Stern,Philip Pasquarello

A bout of meningitis leaves 2-year-old Timmy profoundly deaf. His mother sues the hospital, alleging that neglectful care and a slow diagnosis directly caused Timmy’s deafness. The hospital counters that the proper standard of care was met and Timmy’s deafness was unfortunate but unavoidable. Who is right? That’s the challenge for this well-balanced, lively case. The case presents a wealth of expert testimony, both medical and economic. A total of eight expert reports, four for each side, are provided. Experts can all be used, or if the class has a shorter time frame can be limited. Electronic materials, in the form of texts and social media, provide exercises in foundation building for these modern exhibits. The affidavits in Avila v. The Nita City Hospital are engaging, with well-rounded personalities that volunteers will enjoy roleplaying. As in real life, the case is filled with challenging evidence problems—is the prior assault allegation against the doctor relevant? Is the mother’s misdemeanor neglect? Are all the media exhibits relevant? Participants will have to decide what to pursue, and how to build a foundation for each exhibit. With its realistic exhibits and professional appearance, Avila creates an immersive experience that all participants, students and instructors, will enjoy.

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Page Count

142

Publisher

Aspen Publishing

Published Date

ISBN 10

1601567561

ISBN 13

9781601567567

Powell v. SuperPulper, Inc.

Case File

By: Andrew J. Stern,Gwen Roseman Stern,Samuel A. Haaz

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Powell v. SuperPulper, Inc.

Case File

By: Andrew J. Stern,Gwen Roseman Stern,Samuel A. Haaz

Robin Powell has filed a wrongful death suit against SuperPulper, Inc. after her husband, Steven Powell, died as a result of falling into a hydrapulper manufactured by SuperPulper. The complaint alleges that the hydrapulper was defective because there were not sufficient guards and warnings on and around the hydrapulper. The case file includes two witnesses for each side as well as engineering and pain and suffering experts. It can be used as a liability case only or, with the addition of the pain and suffering experts, a liability and damages case. This detailed fact pattern and supporting illustrative exhibits will provide law students and trial lawyers with an opportunity to creatively and effectively argue their respective theories. Powell v. SuperPulper, Inc. can be applied to teach trial advocacy techniques on both liability and/or damages. In that regard, the liability and damage phase contains its own witnesses and exhibits to facilitate bifurcation or to allow trial as one matter.

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