National High School Mock Trial Championship Case Materials 1 INTRODUCTION Fifty years ago, on Halloween night, Indiana experienced its worst tragedy in its history. It was the opening night for the Holiday on Ice show at the Indiana State Fairgrounds Coliseum. A crowd of over 4000 people were watching the finale when a massive explosion occurred, hurling a 50-foot section of box seats, chairs, concrete and people into the air. Flames rose to the ceiling, bodies scattered across the ice. Over seventy people lay dead, and more than 400 were wounded. The victims were either severely burned or crushed by concrete. A memorial plaque honoring the explosion victims currently hangs inside the Coliseum's entrance. The cause of the explosion was traced to a propane tank with a faulty valve in the concession area beneath the stands. The propane tank had been used to warm pre-popped popcorn. The vapors leaked to an unventilated room beneath the stands, and when the fumes reached an electric heater in the room, the massive explosion occurred. Indiana’s tragic loss fifty years ago is the genesis, the kernel so to speak, for this year’s case for the National High School Mock Trial Championship. However, out of the respect for the families and friends affected by this tragedy, and to create a balanced case, this fictional case significantly departs from the actual event. When ideas were generated for this year’s case, the case writers also wanted to include something related to the Indianapolis 500 as the race is what many from across the country and the globe associate with Indiana and Indianapolis. Thus, it seems only appropriate to reference that in May, 2011, the Indianapolis Motor Speedway celebrated the 100 th Anniversary of the running of the “Greatest Spectacle in Racing.” Indiana has a rich history in the automobile industry. Elwood Haynes of Kokomo, Indiana, who designed the Pioneer , claimed it to be the first American automobile. By 1908, Indianapolis had risen to fourth in the country of automobiles produced. By 1913, it would rank second. Local automobile manufacturers included Marmon, Cole, Marion, and National, and later, Duisenberg and Stutz. The Indianapolis Motor Speedway opened in 1909. The racetrack is located 5 miles from downtown Indianapolis. The track’s original purpose was to provide a testing facility for the local automobile industry. The 2.5-mile oval track received the nickname “The Brickyard” because 3.2 million paving bricks were used to create the surface of the track. In 1936, some portions of the track were resurfaced with asphalt. By 1961, the remaining bricks were covered with asphalt except for a 3-foot strip at the start-finish line. In, 1945, Terre Haute, Indiana businessman Tony Hulman purchased the famous racetrack. It is currently owned by the Hulman-George family of Indianapolis and Hulman & Company, headquartered in Terre Haute, Indiana. The inaugural race of the Indianapolis 500 was won by Ray Harroun. Not only does Harroun hold the record for the first champion of the Indy 500, but he also holds another record. No driver has ever come from the 28 th starting position (or worse) to win the race. Harroun was only twenty-nine years old when he achieved this historic victory. 2 The race began the tradition of what was later coined the “Greatest Spectacle in Racing” as three drivers were bunched together for the last twenty miles of the race. The three drivers were within a lap of each other going into the last ten miles. Spectators at the track expected Ralph Mulford to surpass Harroun. In a nail-biting finish, Harroun crossed the finish line with a one minute and forty-eight second lead. Harroun worked for Marmon Motor Company. He was not a trained racer; he was an engineer by trade. His real interest was engineering design, and the race was the perfect vehicle to test his designs. He had several innovative ideas that he incorporated into the “Marmon Wasp ,” aptly named for its yellow and black paint scheme and its sharp pointed wasp-like tail. The tail, for example, provided better aerodynamics for the racecar. Race car enthusiasts speculate that Harroun won the inaugural race because the Wasp was streamlined and the weight of the car was reduced by one person. He ingeniously designed the first rearview mirror for automobiles, somewhat as an afterthought. His racecar design thus eliminated a passenger seat for a riding mechanic, which the rules required to be aware of cars to the rear. All other cars in the race depended upon the extra passenger, which naturally added more weight to the car. His design caused controversy among the other drivers, who complained that the Wasp was a hazard because he would not be aware of vehicles overtaking his car. To placate the officials, Ray added a rearview mirror, and ultimately it was allowed. With less weight and the streamlined tail of the car, Harroun succeeded in showing the world his engineering brilliance. He retired after the 1911 race, claiming that the endurance race was too dangerous. In summing up his racing career, he said, “The track was fierce. In the last 200 miles it was like a sheet of glass and I never knew how long I was going to be able to keep her on the course. I'm glad it's over, and I'm glad I'm alive. No more for me.” 250,000 Marmon cars were produced. Fewer than 350 still exist today. The Marmon Wasp is currently located at the Indianapolis Motor Speedway Hall of Fame Museum and has made appearances at both the 50 th Anniversary and the 100 th Anniversary of the race. 1963 Indy 500 champion Parnelli Jones was behind the Marmon Wasp’s wheel for the Centennial celebration in 2011. The Speedway Hall of Fame Museum is located in the infield of the raceway park, between Turns 1 and 2 of the oval. The Museum is recognized as one of the top museums in the world devoted to automobiles and auto racing and is designated a National Historic Landmark. In addition to a variety of antique and current race cars, the Museum houses a trophy collection, including the Borg-Warner Trophy presented annually to the Indianapolis 500 winner. The Speedway is part of the soul of Indianapolis, which welcomes you to experience the many unique people and places that we have to offer. We hope you will enjoy this year’s National High School Mock Trial Championship case and your time in Indianapolis! 3 CASE SUMMARY On April 1, 2011, Plaintiff, Vintage Theater Productions, LLC was preparing for its opening night debut of its first stage production, “ The Wasp .” At 6:40 p.m., before theater-goers arrived, an explosion occurred ripping the building apart and shooting a fireball high into the air. Joe/Jo Kerr, an employee of Vintage Theater Productions, was pre-popping popcorn to be placed in popcorn warmer in anticipation of the crowd. The popcorn maker and warmer were fueled by propane gas, supplied by Defendant Pro Propane Products, Inc. Four propane tanks had been delivered earlier in the week to the theater. All four tanks were placed in a small, unventilated storage room of the theater along with the popcorn machine, warmer, popcorn oil, and a portable heater. Joe/Jo Kerr had connected the propane tank’s hose to the popcorn appliances. He/she claims that the valve on the propane cylinder for the popcorn warmer was rusty and difficult to turn to an “on” or “open” position, so he/she used a wrench, striking the propane container and the valve. But was the integrity of the propane cylinder and valve already compromised from the corrosive effect of the rust? Or was the gas leak caused by a saboteur or a prankster on April Fool’s setting off fireworks? Should a percentage of the fault be attributable to the State Marshal’s Office for failing to properly inspect the Vintage Theater premises for fire and building code violations? Your trial awaits you. Plaintiff’s Witnesses: Mel Lowe – Owner of Plaintiff Vintage Theater Productions LLC Joe/Jo Kerr – Employee of Vintage Theater Productions, LLC Ray/Rae D. Ent – Indianapolis Fire Department Investigator Defense’s Witnesses: Cash Proffitt – Owner of Defendant Pro Propane Products, Inc. Dee Part – Former Partner and Adjacent Property Owner of Vintage Theater Lou M. Nuss – Expert Witness Exhibits: 1. Diagram of Vintage Theater Productions 2. Wasp Lease 3. Photograph of Replica of Wasp 4. Insert/flyer for popcorn maker 5. User Guide for popcorn maker 6. Invoice for the propane tanks 7. Fire Investigation Consent to Examine Scene 8. Initial Preliminary Fire Investigation Report 9. Supplemental Preliminary Fire Investigation Report 10. Indiana State Police Crime Laboratory Report 11. Final Fire Investigation Report 12. Delivery receipt for the propane tanks 13. Safety Warning Sheet 14. Curriculum Vitae of Lou M. Nuss 4 The Introduction and Case Summary are not to be used as evidence in the case, but rather are provided for background purposes only. This case is a work of fiction. The names and events described herein are intended to be fictional. Any similarity or resemblance of any character to an actual person or entity should be regarded as only fictional for purposes of this mock trial exercise. 5 STATE OF INDIANA ) IN THE MARION SUPERIOR COURT ) SS: COUNTY OF MARION ) CAUSE NO. 49D12-1111-CT-74602 VINTAGE THEATER PRODUCTIONS, LLC, ) ) Plaintiff, ) ) vs. ) ) PRO PROPANE PRODUCTS, INC., ) ) Defendant. ) COMPLAINT Plaintiff, Vintage Theater Productions, LLC, by counsel, respectfully submits its Complaint against the Defendant Pro Propane Products, Inc., and states as follows: 1.