Andy and Lee Park Hayden Duran
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KENTUCKY HIGH SCHOOL MOCK TRIAL TOURNAMENT 2016-17 Case Problem ANDY AND LEE PARK v. HAYDEN DURAN Written by the American Mock Trial Association’s Civil Case Committee Adapted with Permission for use in the 2017 Kentucky High School Mock Trial Tournament INDEX OF CASE MATERIALS: LEGAL/SUPPORTING DOCUMENTS 1. Complaint 2. Answer 3. Stipulations 4. Special Instructions 5. Deposition of Jesse Duran 6. Midlands Civil Code (selected provisions) 7. Available Case Law PLAINTIFF WITNESSES 1. Affidavit of Andy Park 2. Affidavit of Danny Brooks 3. Report of Campbell Solo DEFENSE WITNESSES 1. Affidavit of Hayden Duran 2. Affidavit of Shannon Ellis 3. Report of Ash DeRosa EXHIBITS 1. Police Report of Dale Williams 2. Autopsy of Sydney Park 3. Diagram-Park Home 4. Photo – File Drawer 5. Email from Hayden Duran 6. Notification of Student Discipline 7. “Me and My Gun” 8. Combination 9. Call Log 10. Text message chat with “Voldemort” 11. Text message chat with “Sydney” 12. Call Info 13. Search History 14. Image of AD Baker & Co. Revolver SUPERIOR COURT FOR THE STATE OF MIDLANDS BRECKENRIDGE COUNTY Andy and Lee Park, on behalf of Case No. CV11-715 Sydney Park, Action Filed: April 15, 2013 Plaintiffs, Judge Brynn Jackson v. Complaint Hayden Duran, Defendant Plaintiffs Andy and Lee Park, on behalf of Plaintiff Sydney Park, state as follows: Introduction 1. This is a wrongful death action brought by Plaintiffs Andy and Lee Park on behalf of their deceased daughter Sydney Park against Defendant Hayden Duran based on the fatal shooting death of Sydney Park by Defendant Hayden Duran’s minor child, Jesse Duran. Parties 2. Plaintiff Sydney Park (“Sydney”) was a minor child born on January 4, 2001. 3. Plaintiffs Andy and Lee Park (“the Parks”) are the parents of Plaintiff Sydney Park. 4. Jesse Duran is a minor child born on May 9, 2001. 5. Defendant Hayden Duran is the parent of Jesse Duran. Jurisdiction and Venue 6. This Court has subject matter jurisdiction because this action is brought under the Midlands Civil Code. 7. This Court has personal jurisdiction over Defendant because Defendant resides in Midlands and the acts and omissions forming the basis for this Complaint occurred in Midlands. 8. Venue is proper because Defendant resides in this judicial district and the acts and omissions forming the basis for this Complaint occurred in this district. Factual Background 9. On August 8, 2012, the Parks and the Durans were next-door neighbors in Breckenridge County, Midlands. 10. On August 8, 2012, the Parks’ street address was 23 Maple Street, Fairview, Midlands. 11. On August 8, 2012, both Sydney and Jesse Duran were 11 years old. 12. On August 8, 2012, Defendant was the parent and legal guardian of Jesse Duran. 13. On August 8, 2012, Jesse Duran resided with Defendant. 14. On August 8, 2012, Sydney was killed by a single gunshot wound to the head. 15. The bullet that killed Sydney was fired from a 9mm handgun (“the firearm”) that had been stored in a locked safe inside the Parks’ bedroom. 16. Jesse Duran was present at the Park residence at the time Sydney was killed. 17. Jesse Duran was holding the firearm at the time the bullet was fired that killed Sydney. Count 1—Negligent Parental Supervision (Midlands Civil Code § 10.24) 18. Plaintiffs repeat and reallege paragraphs 1-17 as if fully set forth herein. 19. On August 8, 2012, Defendant had a duty to exercise reasonable care so as to control Jesse Duran to prevent Jesse Duran from acting in a way as to create an unreasonable risk of bodily harm to Sydney Park. 20. Defendant violated the duty described in the previous paragraph by failing to: a. Properly warn Jesse Duran about the inappropriateness of use of firearms by minors and the need to exercise caution with respect to firearms; b. Properly discipline and admonish Jesse Duran after previous incidents involving firearms and/or violence; c. Notify Plaintiffs about Jesse Duran’s interest in and previous incidents involving firearms; and/or d. Ensure that Jesse Duran was supervised while in Sydney’s presence. 21. On August 8, 2012, Jesse Duran acted in a way that created an unreasonable risk of bodily harm to Sydney Park. 22. The acts and omissions described in Paragraphs 20 and 21 were the direct and proximate cause of Sydney’s death. 23. As a result, Defendant is liable to Plaintiffs under M.C.C. § 10.24. Prayer for Relief THEREFORE, Plaintiffs demand judgment against Defendant in an amount greater than the jurisdictional amount. Respectfully submitted, Frazier, Joyce, & Sack Counsel for Plaintiffs SUPERIOR COURT FOR THE STATE OF MIDLANDS BRECKENRIDGE COUNTY Andy and Lee Park, on behalf of Case No. CV11-715 Sydney Park, Action Filed: April 15, 2013 Plaintiffs, Judge Brynn Jackson v. Answer Hayden Duran, Defendant Defendant Hayden Duran answers as follows: Introduction 1. The allegations contained in paragraph 1 of the Complaint do not appear to require a response. To the extent that a response is required, defendant denies the allegations. Parties 2. Defendant denies having knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 2 of the Complaint. 3. Defendant denies having knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 3 of the Complaint. 4. Defendant admits the allegations contained in paragraph 4 of the Complaint. 5. Defendant admits the allegations contained in paragraph 5 of the Complaint. Jurisdiction and Venue 6. Defendant admits the allegations contained in paragraph 6 of the Complaint. 7. Defendant admits that Defendant resides in the State of Midlands, and otherwise denies the allegations contained in paragraph 7 of the Complaint. 8. Defendant admits that Defendant resides in the State of Midlands, and otherwise denies the allegations contained in paragraph 8 of the Complaint. Factual Background 9. Defendant admits the allegations contained in paragraph 9 of the Complaint. 10. Defendant admits the allegations contained in paragraph 10 of the Complaint. 11. Defendant admits the allegations contained in paragraph 11 of the Complaint. 12. Defendant admits the allegations contained in paragraph 12 of the Complaint. 13. Defendant admits the allegations contained in paragraph 13 of the Complaint. 14. Defendant admits the allegations contained in paragraph 14 of the Complaint. 15. Defendant admits that the bullet that killed Sydney Park was fired from a handgun that had been kept inside the Parks’ home but lacks knowledge or information sufficient to form a belief as to the truth of the other allegations contained in paragraph 15 of the Complaint. 16. Defendant admits the allegations contained in paragraph 16 of the Complaint. 17. Defendant denies the allegations contained in paragraph 17 of the Complaint. Answer to Count 1 of the Complaint 18. Defendant repeats and realleges Defendant’s responses to paragraphs 1-17 of the Complaint as if fully set forth herein. 19. Defendant admits the allegations contained in paragraph 19 of the Complaint. 20. Defendant denies the allegations contained in paragraph 20 of the Complaint. 21. Defendant denies the allegations contained in paragraph 21 of the Complaint. 22. Defendant denies the allegations contained in paragraph 22 of the Complaint. 23. Defendant denies the allegations contained in paragraph 23 of the Complaint. Affirmative Defenses 24. Plaintiffs’ claims are barred by the doctrine of comparative fault because any harm suffered by Plaintiff Sydney Park is more attributable to wrongful conduct by Plaintiffs and/or Plaintiffs’ decedent than to any wrongful conduct by Defendant. Respectfully submitted, Ross, Oliver, Norton, & Philips Counsel for Defendant SUPERIOR COURT FOR THE STATE OF MIDLANDS BRECKENRIDGE COUNTY Andy and Lee Park, on behalf of Case No. CV11-715 Sydney Park, Action Filed: April 15, 2013 Plaintiffs, Judge Brynn Jackson v. Stipulations Hayden Duran, Defendant 1. This trial has been bifurcated. Damages are not an issue in this proceeding. 2. Jesse Duran is of at least normal intelligence and, as of August 8, 2012, had no medical or physical condition that would have prevented Jesse from performing any act described in the affidavits, depositions, reports, and exhibits in this case. 3. Sydney Park died at approximately 9:46 a.m. on August 8, 2012, as a result of a single gunshot wound to the head. No other injuries, pre-existing conditions, or post-shooting treatment contributed in any way to her death. 4. The bullet that killed Sydney Park was fired from a 9 mm 6-shot revolver manufactured by AD Baker & Co., Inc. that was lawfully owned by and registered to Andy Park. The handgun that fired the bullet that killed Sydney Park was found inside the Parks’ home after the shooting. Since August 8, 2012, the Midlands Police Department has maintained custody of the handgun. Neither party may fault the other for the absence of the gun from this trial. 5. Exhibits 1-14 in the case packet are authentic, though both parties reserve the right to make other objections as to their admissibility except as stipulated below. 6. At the deposition of Jesse Duran, all parties to this lawsuit were represented by counsel and had a full and fair opportunity to examine Jesse Duran. The document labeled Deposition of Jesse Duran is authentic, as are all the signatures on it. _____________________________ ______________________________ Counsel for Plaintiffs Counsel for Defendant SPECIAL INSTRUCTIONS 1. Party Representatives. The only witnesses who may be seated at counsel’s table are Andy Park (for the plaintiff) and Hayden Duran (for the defense). 2. Case Documents. All case documents are the final and only versions of those documents. No attorney or witness may state or imply that there are earlier or later versions.