NO. 20-04202-CV
TARA KNOWLES TELLER, individually § IN THE 42nd DISTRICT COURT and as Administrator of the Estate of JAX § TELLER, and as Next Friend for ABEL § TELLER § Plaintiff, § IN AND FOR LUBBOCK COUNTY § v. § SONS OF ANARCHY TRUCKING § EMPIRE, INC., § Defendant. § STATE OF LONE STAR
Prepared by:
Jacy Pawelek & Patricia Cabrera Texas Tech University School of Law ‘21 3311 18th Street Lubbock, Texas 79409
Copyright 2021 All Rights Reserved
This case file was commissioned by the Texas Tech Board of Barristers and was prepared by Jacy Pawelek and Patricia Cabrera for the Spring 2021 1L Mock Trial Competition
STATEMENT OF THE CASE
Tara Knowles Teller, individually and as Administrator of the Estate of Jax Teller, and as Next Friend for Abel Teller, (“Knowles-Teller”) filed a Complaint against Sons of Anarchy Trucking Empire, Inc. (“SOA”), a corporation incorporated in and with its principal place of business in the State of Lone Star. The Complaint alleged that Jax Teller (“Teller”) was driving in Charming, Lubbock County, State of Lone Star on April 4, 2020, when his motorcycle was struck by a semi-truck owned by SOA and driven by a SOA employee. Teller died in the accident. Knowles- Teller alleged that she was Teller’s wife, and that her son, Abel Teller., born January 8, 2021, is Teller’s son. Knowles-Teller Complaint alleged that SOA employees were negligent in driving the semi-truck in reverse on an access road to a freeway at a high rate of speed and without maintaining proper lookout. The Complaint also alleges that SOA was negligent in entrusting its vehicle to an employee who was not competent to drive the semi-truck. Knowles-Teller alleged that she has been damaged as a result of SOA’s conduct, including medial and funeral expenses, lost support and serves, and mental anguish.
SOA filed an Answer denying the allegations of the Complaint and raising the affirmative defenses of Teller’s comparative negligence.
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NO. 20-04202-CV
TARA KNOWLES TELLER, individually § IN THE 42nd DISTRICT COURT and as Administrator of the Estate of JAX § TELLER, and as Next Friend for ABEL § TELLER § Plaintiff, § IN AND FOR LUBBOCK COUNTY
§ v. § SONS OF ANARCHY TRUCKING § § EMPIRE, INC., Defendant. § STATE OF LONE STAR
PLAINTIFF’S ORIGINAL COMPLAINT
TO THE HONORABLE COURT:
COMES NOW, Plaintiff TARA KNOWLES TELLER individually and as Administrate of the Estate of Jax Teller, and as Next Friend for Abel Teller and files this Original Complaint against Defendant SONS OF ANARCHY TRUCKING EMPIRE, INC., and for cause of action against said Defendant shows the Court as follows: I. PARTIES, JURISDICTION AND VENUE
1. This is an action for damages within the jurisdictional limits of this Court.
2. Tara Knowles Teller has been a resident of Lubbock County, Lone Star since 1985. Plaintiff was the wife of Jax Teller, deceased, to whom she was married at the time of his death on April 4, 2020. Abel Teller has been a resident of Lubbock County since his birth on January 8, 2021.
3. Sons of Anarchy Trucking Empire, Inc. is a California corporation with its principal place of business in Lubbock County, Lone Star. Said Defendant may be served with citation in this matter by serving its president, Bobby Munson, at its corporate headquarters located at 7466 Tail Gunner, Charming, Lone Star.
4. Venue is proper in Lubbock County, Lone Star because the accident that is the subject of Plaintiff’s Original Complaint occurred in Lubbock County, Lone Star. Additionally, Defendant’s principal place of business is located in Lubbock County, Lone Star. Finally, Plaintiff resides and practices law in Lubbock County, Lone Star. II.
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FACTUAL BACKGROUND
5. On April 4, 2020, Jax Teller’s motorcycle was struck by a semi-truck used by trucking companies to transport delivery items. The semi-truck in question was owned by Defendant and operated by Defendant’s employees.
6. Defendant’s employees were operating the semi-truck while in the course and scope of employment with the Defendant.
7. Jax Teller died from the injuries received from the accident.
8. Tara Knowles Teller is the natural mother of Abel Teller, and Jax Teller was the natural father of Abel Teller.
9. Tara Knowles Teller has been duly appointed administrator of Jax Teller’s estate. III. COUNT I –NEGLIGENCE
10. Plaintiff incorporates by reference the allegations of paragraphs 1 through 9 as if fully restated herein.
11. On April 4, 2020, Mr. Teller left his home and was on his way to a local convenience store. Mr. Teller was traveling south on the access road of the State. Highway 13 freeway in front of Teller-Morrow. A semi-truck belonging to Defendant was backing on the access road to the freeway at a high rate of speed. At the time of the collision, Defendant’s employees were operating the truck in a negligent manner. Specifically, but not by way of limitation, the truck was facing south but Defendant’s employee was operating the truck in reverse at a high rate of speed. Defendant’s employees also failed to keep a proper lookout. In addition, Defendant’s employees failed to yield the right of way to the motorcycle being driven by Mr. Teller.
12. Mr. Teller was operating his motorcycle lawfully, properly, and timely applied his breaks.
13. Despite Mr. Teller’s efforts to avoid the collision, Mr. Teller’s motorcycle became firmly wedged under the rear end of the semi-truck.
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14. As a consequence and proximate cause of the negligence acts of Defendant’s employees, Plaintiff in her individual and representative capacities has suffered damages including but not limited to: medical and funeral expenses, lost support and services, and mental anguish that will be suffered for a long time into the future if not for the balance of Plaintiff and Mr. Abel Teller’s natural life.
15. Because the driver of the Defendant’s vehicle was in the course and scope of his employment with Defendant, Defendant is liable to Plaintiff for damages suffered by Plaintiff resulting from the negligence of Defendant’s employees. IV. COUNT II – NEGLIGENT ENTRUSTMENT
16. Plaintiff incorporates by reference the allegations of paragraphs 1 through 15 as if fully restated herein.
17. Defendant is also liable for negligent entrustment. Defendant knew or should have known that Defendant’s employees were incompetent or reckless and should not have been entrusted with the responsibility of driving a motor vehicle and public roads.
18. Despite Defendant’s knowledge or imputed knowledge, Defendant entrusted its motor vehicle to Defendant’s employee
19. The acts and omissions of Defendant’s employees proximately caused the injuries and death to and of Jax Teller. Accordingly, Defendant is liable to Plaintiff for negligent entrustment V. DAMAGES
20. Plaintiff was married to Jax Teller at the time of his unnecessary death. As a result of his death, she has suffered mental anguish, loss of consortium, loss of care, comfort and support, and loss of his future earnings. VI. JURY DEMAND
21. Plaintiff hereby requests trial by jury. VII.
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PRAYER FOR RELIEF
WHEREFORE, Plaintiff, individually and as the Administrator of the Estate of Jax Teller, and as Next Friend of Abel Teller., requests that the Defendant be cited to appear and answer herein, and that upon final hearing the Plaintiff have judgment for damages, pre-judgment and post-judgment interest as allowed by law, costs of suit and such other and further relief, at law or in equity, to which Plaintiff may be justly entitled.
Respectfully submitted,
LAW OFFICES OF Jacy Pawelek 150 E. Gwen Way P.O. Box 15008 Charming, Lone Star 76707 (512) 831-7364 (512) 832-2628 FAX
By: Jacy pawelek Jacy Pawelek State Bar No. 1588324
Attorney for Tara Knowles Teller
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NO. 20-04202-CV
TARA KNOWLES TELLER, individually § IN THE 42nd DISTRICT COURT and as Administrator of the Estate of JAX § TELLER, and as Next Friend for ABEL § TELLER § Plaintiff, § IN AND FOR LUBBOCK COUNTY § v. §
SONS OF ANARCHY TRUCKING §
EMPIRE, INC., § Defendant. § STATE OF LONE STAR
DEFENDANT’S ORIGINAL ANSWER
TO THE HONORABLE COURT: COMES NOW Sons of Anarchy Trucking Empire, Inc., by and through its undersigned counsel and files its Defendant’s Original Answer, showing the Court as follows: I. ANSWER
1. Defendant admits the allegations in paragraph 1 for jurisdictional purposes only.
2. Defendant admits Jax Teller died on April 4, 2020. Defendant is without knowledge of the remaining allegations in paragraph 2 and therefore denies the same.
3. Defendant admits the allegations in paragraph 3.
4. Defendant admits that its principal place of business is located in Lubbock County, Lone Star and that the accident referenced in Plaintiff’s Complaint occurred in Lubbock County. Defendant has insufficient information to either admit or deny the remaining allegations in paragraph 4 of Plaintiff’s Complaint, and Defendant therefore denies the remaining allegations in paragraph 4.
5. Defendant admits that on April 4, 2020 a motorcycle driven by Mr. Teller struck a semi- truck owned by Defendant and operated by Defendant’s employees. Defendant denies the allegations in paragraph 5.
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6. Defendant admits the allegations in paragraph 6.
7. Defendant admits the allegations in paragraph 7.
8. Defendant admits that Tara Knowles Teller is the natural mother of Abel Teller and denies the reaming allegations contained in paragraph 8.
9. Defendant admits the allegations in paragraph 9.
10. Defendant realleges its answers to paragraphs 1 through 9 as if fully set forth herein.
11. Defendant denies the allegations in paragraph 11.
12. Defendant denies the allegations in paragraph 12.
13. Defendant admits that Mr. Teller’s motorcycle became firmly wedges under the rear end of the semi-truck but denies the remaining allegations contained in paragraph 13.
14. Defendant denies the allegations in paragraph 14.
15. Defendant admits that it is liable for the acts of its employees taken in the course and scope of employment. Defendant denies all other allegations in paragraph 15 and specifically denies that it is liable to Plaintiff in any manner.
16. Defendant realleges its answers to paragraphs 1 through 15 as if fully set forth herein.
17. Defendant denies the allegations in paragraph 17.
18. Defendant denies the allegations in paragraph 18.
19. Defendant denies the allegations in paragraph 19. II. AFFIRMATIVE DEFENSES 20. Without waiver of the foregoing but in addition thereto, Defendant affirmatively pleads that the collision identified in Plaintiff’s Original Complaint was proximately caused by negligence of Jax Teller. Accordingly, Plaintiff may not recover any damages due to Mr. Teller’s own negligence. The acts of negligence include but are not limited to the following:
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a. Operating a vehicle at a high rate of speed. b. Operating a vehicle without using headlights; c. Operating a vehicle while failing to maintain a proper lookout; d. Operating a vehicle and failing to reasonably apply brakes; and e. Operating a vehicle while under the influence of one or more substances including alcohol and/or marijuana. III. PRAYER
WHEREFORE, Defendant requests that upon final trial that Defendant have judgment that Plaintiff take nothing by her suit, that Defendant be discharged from any and all liability, that Defendant recover court costs and for such other and further relief, at law or in equity, general or special, to which Defendant may show itself justly entitled.
Respectfully Submitted,
CABRERA & HILL, P.C. 1864 Sooner Spring P.O. Box 41864 Charming, Lone Star 76706 (361) 305-6400 (Telephone) (361) 757-6400 (Facsimile)
By: Patricia Cabrera Patricia Cabrera State Bar No. 00045896
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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of Defendant’s Original Answer has been served by certified mail, return receipt requested, to Jacy Pawelek on this
1st day of September 2020.
By: Patricia Cabrera Patricia Cabrera
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WITNESS AND EXHIBIT LIST
WITNESSES:
PLAINTIFF: 1. Tara Knowles Teller 2. Opie Winston
DEFENDANT: 1. Clay Morrow 2. Chibs Telford
EXHIBITS:
1. Lone Star Officer’s Crash Report 2. Birth Certificate 3. Jax Teller Diploma 4. Receipt 5. Baggy 6. Manual 7. Defendant’s Truck 8. Accident Scene Photo 9. Indictment 10. Tattoo 11. 911 Call 12. April 2020 Lone Star Weather Report
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STIPULATIONS AS TO EVIDENTIARY MATTERS PROCEDURAL MATTERS 1) This case shall be tried on liability only. Should the plaintiff prevail on liability, the question of damages shall be heard by the jury with additional evidence and additional jury instructions at a later date. 2) All witnesses called to testify who have in depositions identified the parties, other individuals, or tangible evidence can, if asked, identify the same at trial. 3) All depositions were signed under oath. 4) Each witness who gave a deposition agreed under oath at the outset of his or her deposition to give a full and complete description of all material events and occurrences and to correct the deposition for inaccuracies and completeness before signing the deposition. 5) For this competition, no team is permitted to attempt to impeach a witness by arguing to the jury that a signature appearing on the deposition does not comport with signatures or initials located on an exhibit. 6) Other than what is supplied in the problem itself, there is nothing exceptional or unusual about the background information of any of the witnesses that would bolster or detract from their credibility. 7) This competition does not permit a listed witness, while testifying, to "invent" an individual not mentioned in this problem and have testimony or evidence offered to the court or jury from that "invented" individual. 8) Each party must call the two witnesses listed as that party's witnesses on the witness list. 9) 2021 is the current year in which this case comes to trial. 10) All teams are limited to the provided list of objections gives for Board of Barristers 1L Mock Trial Competition. SUBSTANTIVE MATTERS 1) SOA does not contest that the district court has subject matter jurisdiction of the dispute and stipulates that Plaintiff has standing in all capacities.
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2) Both Parties have stipulated to the expertise of Opie Winston and Chips Telford and no objections shall be heard on the tendering of such.
3) The State of Lone Star is a comparative negligence state. The jury shall apportion percentage of negligence, if any, to the plaintiff and the defendant.
4) In the case of J. Exotic Wildlife v. Baskins Ice Cream Shop, 276 Lone Star 3d 754 (Lone Star 2005), the Lone Star Supreme Court held that in order for a plaintiff to recover on a negligence claim, he or she must prove the following three elements: 1) the existence of a duty; 2) breach of that duty; and 3) that proximately causes compensable damage to the plaintiff.
5) Lone Star case law requires proof of the following elements before a plaintiff may recover for the negligent entrustment of a motor vehicle: 1) the owner entrusted its vehicle to another person; 2) the person was unlicensed, incompetent, or reckless; 3) the owner should have known that the person to whom it entrusted the vehicle was unlicensed, incompetent or reckless; 4) the driver was negligent on the occasion in question; and 5) the driver’s negligence proximately caused injury. Fyfe v. Lubbock Transportation, LLC, 174 Lone Star 3d 911 (Lone Star 2003).
6) Lone Star Civil Practice Code §1033.01 provides that “a claimant may not recover damages if his percentage of responsibility is greater than 50 percent.”
7) Lone Star Penal Code §43.06 provides that a person commits an offense if the person operates a motor vehicle having a blood alcohol content of 0.08% or greater.
8) Lone Star Civil Practice Code §17.002 states that “A person is liable for damages arising from an injury that causes an individual’s death
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if the injury was caused by the person’s or his agent’s or servant’s wrongful act, negligent, carelessness, or unskillfulness, or default.”
9) Lone Star Civil Practice Code §17.012 states that “A personal injury action survives to and in favor of the heirs, legal representatives, and estate of the injured person.”
1L Mock Trial 2021 – Page 14
DEPOSITION OF TARA KNOWLES TELLER AUGUST 18, 2021 1 TARA KNOWLES TELLER,
2 having been first duly sworn, testified as follows:
3 EXAMINATION
4 Q: Can you state your full name, please.
5 A: Yes, my name is Tara Knowles Teller, and I am the widow of the love of my
6 life, Jax Teller.
7 Q: What do you do for a living Mrs. Teller?
8 A: I was a doctor, but since Jax died I am now a stay at home mom.
9 Q: What did Mr. Teller do for a living?
10 A: He is – or was a mechanic. He was so proud of his high school degree and
11 being able to help people by working on their cars.
12 Q: How long were you married to Jax Teller?
13 A: We were married eighteen glorious months. And four days.
14 Q: Was this your first marriage?
15 A: Not really.
16 Q: Had you been married previously?
17 A: Yes, I had been married once previously, and Jax had been married three
18 times previously. But he said many times that this marriage was the one he had
19 been waiting for all of his life and that we would stay together forever.
20 Q: And did you agree with that assessment?
21 A: I have never loved anyone like my Jackie Boy.
22 Q: How was you and Jax’s relationship?
23 A: It was great – we hardly ever fought about anything, and if we did we
TESTIMONY OF TARA KNOWLES TELLER – 1 OF 4
1L Mock Trial 2021 – Page 15
DEPOSITION OF TARA KNOWLES TELLER AUGUST 18, 2021 1 always worked it out.
2 Q: Were you with Jax the night of the accident?
3 A: Yes, we were home all evening.
4 Q: What had ya’ll been doing that evening?
5 A: Nothing special. Just watching T.V., and Jax had one beer during the course
6 of the evening.
7 Q: Did Jax leave the house at any time that evening?
8 A: Yes, around 9:00 P.M. he left the house and said he was going to Redwood
9 Original to get a pack of smokes.
10 Q: Where is Redwood Original from your house?
11 A: It’s over on Interstate 65.
12 Q: Do you have to be on access road next to Teller-Morrow Garage to get to the
13 Redwood Original?
14 A: No, Redwood Original is nowhere near the repair garage.
15 Q: When Jax left at 9:00 p.m. how many total drinks had he had during the
16 evening?
17 Q: Like I said, just one Budweiser. He was stone cold sober.
18 A: Was the Budweiser in a can or bottle?
19 Q: It was a can. We didn’t have any bottles at the house.
20 Q: Had Jax been using any other kind of drugs that evening?
21 A: Oh no. Jax used a little marijuana once in a while, but really only very
22 rarely. He didn’t have any marijuana on him the night of the accident. I knew he
23 didn’t have any because I can always smell it. He knows I hate when he does that
TESTIMONY OF TARA KNOWLES TELLER – 2 OF 4
1L Mock Trial 2021 – Page 16
DEPOSITION OF TARA KNOWLES TELLER AUGUST 18, 2021 1 stuff around me, so he pretty much stopped.
2 Q: The accident apparently happened at 11:42 P.M.; do you know where he was
3 between 9:00 p.m. and 11:42 p.m.?
4 A: No. But sometimes he just wanders off to think about things.
5 Q: What sort of things?
6 A: Well, he was the second generation president of a motorcycle club and he
7 struggled with his desire to become a law-abiding family man while still living up
8 to his father’s legacy in the club after his dad died.
9 Q: How did Jax’s father die?
10 A: Sadly, in a similar way. It was a motorcycle road accident back in 1993.
11 Q: Did you ever ride with Jax on his motorcycle?
12 A: Of course, I rode with him all the time.
13 Q: Did you have an opportunity to observe his driving habits and skills?
14 A: Yes, he was always a very careful driver. He basically grew up on a
15 motorcycle honestly. It’s difficult to deal with but I know that if he was going to die
16 – he would have wanted to be on his motorcycle. Anyways, he was always talking
17 about defensive driving. He was the best driver I ever rode with.
18 Q: Did Mr. Teller have a habit and custom of driving within the speed limit?
19 A: Yes, he never exceeded the speed limit when I was with him.
20 Q: Did you and Jax have any children?
21 A: Yes, little Abel Teller was born on January 8, 2021.
22 Q: Is Exhibit 2 a fair and accurate depiction of Abel Teller’s birth certificate?
23 A: Yes.
TESTIMONY OF TARA KNOWLES TELLER – 3 OF 4 1L Mock Trial 2021 – Page 17
DEPOSITION OF TARA KNOWLES TELLER AUGUST 18, 2021 1 Q: That was after Jax was killed?
2 A: Yes, it was a long and difficult pregnancy.
3 Q: How long were you pregnant with Abel?
4 A: About 40 weeks – give or take.
5 Q: Have you done a DNA test to confirm Jax is Abel’s father?
6 A: What? Are you crazy. Look at little Abel—he looks just like Jax.
7 Q: So little Abel didn't ever get to see his daddy?
8 A: Nope. Never did.
9 Q: Would Jax have been a good father to little Abel?
10 A: Absolutely. He was the most loving, caring husband you could ever ask for.
11 He was the only man I had ever been with. He and I were inseparable, we did
12 everything together.
13 Q: Has anyone from Sons of Anarchy Trucking Empire, Inc. ever talked to you
14 about this accident?
15 A: Yes, Clay Morrow’s supervisors came to Jax’s funeral and kind of hung
16 around afterwards. He said that after what happened the year before, he never
17 should have dispatched that crazy Morrow boy out again.
18 19 Tara K. Teller 20 Tara Knowles Teller 21
TESTIMONY OF TARA KNOWLES TELLER – 4 OF 4
1L Mock Trial 2021 – Page 18 DEPOSITION OF OPIE WINSTON AUGUST 18, 2021 1 OPIE WINSTON
2 having been first duly sworn, testified as follows:
3 EXAMINATION
4 Q: Please state your name for the record. 5 A: My name is Harry Opie Winston – but people just call me Opie or Officer 6 Ope. 7 Q: What do you do for a living? 8 A: I am a police officer. 9 Q: Tell us something about your educational background, please. 10 A: I had to go to Lone Star State Officer Academy, where I graduated and was 11 Certified as a Lone Star State Peace Officer. 12 Q: What kind of things do they teach you out at the Academy? 13 A: Well, they teach a variety of things. One of the things they teach is accident 14 investigation techniques. 15 Q: What kind of techniques are you taught? 16 A: How to determine speed from skid marks, how to secure a scene, how to 17 gather evidence, how to look at the crush patterns on vehicles to determine speed 18 and direction. We are taught how to take bodily fluid samples, both from living 19 persons and those who may be deceased. We are taught photographic techniques of 20 investigation, how to preserve a scene through photographs. 21 Q: How many accidents have you investigated in your career? 22 A: 854, of which 75 have involved fatalities. 23 Q: Have you participated in continuing your education in the subject of 24 accident 25 investigation? 26 A: Yes, I have attended several seminars, including one put on by Wayne 27 Unser. 28 Q: Is Exhibit 6 a copy of some materials from Wayne Unser’s seminar? 29 A: Yes, this is his manual on accident investigation. I got this at his seminar 30 last year. TESTIMONY OF OPIE WINSTON – 1 OF 6
1L Mock Trial 2021 – Page 19 DEPOSITION OF OPIE WINSTON AUGUST 18, 2021 1 Q: Did you investigate an accident that occurred on April 4, 2020 at the 2 entrance of Teller-Morrow Automotive Repair Shop in the City of Charming, Lone 3 Star? 4 A: Yes, I investigated that accident. 5 Q: How did you learn about the accident? 6 A: I was notified by radio that there was an accident with a probable fatality 7 out at the entrance of the Teller-Morrow Garage. When I got the radio message, I 8 immediately proceeded to the scene of the accident and began securing the scene. 9 Q: What did you see upon arriving at the scene of this tragic accident? 10 A: Well, the first and most obvious thing I saw was the semi-trailer truck 11 belonging to Sons of Anarchy Trucking Empire, Inc. It was sitting in the right 12 hand traveled portion of the roadway. As I got closer to the scene, I could see that 13 there was a motorcycle under the back of the truck. At that time, I observed that 14 the driver of the motorcycle was the only occupant, and he appeared to be dead. 15 Q: What time did you arrive at the scene of the accident? 16 A: I arrived there at 11:47 p.m., which I believed to be 5 minutes after the 17 accident. 18 Q: What did you do after observing the driver? 19 A: I began to look around for the operator of the semi-truck. I found the 20 operator and a two person crew standing in-front of the semi-truck. As I walked 21 up, I heard the driver, Clay Morrow, or Grim Reaper, as they called him, say 22 something about getting a wedgie from that motorcycle and the other people 23 standing there were laughing. 24 Q: Did you know Clay Morrow prior to this investigation? 25 A: Ehh, sort-of. I had some run ins with him around town, just the usual bar 26 fights, cocaine and weapon running that those boys are always up to. 27 Q: Did you speak with the crew at that time about what had happened? 28 A: Yes, I asked them to tell me what was going on there. One of the crew 29 members, Tig Trager, said that they had been out trying to deliver a shipment 30 they were transporting that evening. They were sent a GPS location pin to drop 31 the shipment. That area has bad cellphone reception, so their phone GPS was not
TESTIMONY OF OPIE WINSTON – 2 OF 6 1L Mock Trial 2021 – Page 20 DEPOSITION OF OPIE WINSTON AUGUST 18, 2021 1 loading the route but showed it was just south of the garage, about 100 yards 2 south of the entrance where this accident occurred. 3 Q: As I understand it, the semi-truck and motorcycle were both pointed south 4 at the time of the collision, is that correct? 5 A: Yes. 6 Q: Did Mr. Trager tell you how they came to be exactly where they were on the 7 road? 8 A: Yes, Mr. Trager said that they had been out trying to find the GPS location 9 they were sent. They had traversed the access road going south and had gone 10 past the Teller Morrow Automotive Repair Shop once. They then turned right on 11 State Highway 13, proceeded for a block to the west, and turned back north on 12 Mayhem Street. After going approximately a block and a half, they were able to 13 see the location pin was near the edge of the garage entrance. Because they 14 couldn't see whether the GPS was telling them exactly where to go, they retraced 15 their steps. 16 Q: How did they retrace their steps? Isn't the access road one-way going south? 17 A: Yes, they went back south on Mayhem Street, turned left on State Highway 18 13, and then turned north on the access road, going the wrong way on that access 19 road for about a quarter of a mile until they got to the entrance of the garage. 20 From there, they could get a good idea of where the location they were told to go 21 was. They proceeded to back out of the entrance of the garage to reposition 22 themselves closer to the GPS location. 23 Q: What else did Mr. Trager tell you about these events leading up to the 24 accident? 25 A: Mr. Trager said that the operator of the semi-truck, Grim Reaper, seemed 26 really agitated about going on to State Highway 13, and seemed even more 27 agitated to be going onto Mayhem Road. While they were sitting in the entrance of 28 the garage, Grim Reaper said, "We gotta get out of this place. It gives me the 29 creeps." Grim Reaper then popped the truck into reverse and began to back out as 30 fast as it would go. 31 Q: What did the crew tell you about the actual accident itself?
TESTIMONY OF OPIE WINSTON – 3 OF 6 1L Mock Trial 2021 – Page 21 DEPOSITION OF OPIE WINSTON AUGUST 18, 2021 1 A: Trager said he thought they were backing up when they felt a thump from 2 the back side of the truck and heard a loud noise. Because the semi-truck is so 3 heavy, it really didn't move the truck at all. When they got out to investigate, they 4 found the motorcycle planted under the back side of their truck. The driver 5 appeared to be bleeding profusely, so they called 911 and then went around to the 6 front of the truck to wait. 7 Q: Based on your investigation, were you able to determine the direction of 8 movement of the semi-truck at the time of impact? 9 A: Well, it appeared to me that the truck was going forward at that point, 10 although it's pretty hard to tell since there were no skid marks from the semi- 11 truck. 12 Q: Were you able to determine the speed of the motorcycle at the point of 13 impact? 14 A: I believe the motorcycle was going approximately 25 mph at impact. 15 Q: What do you base that on? 16 A: Mostly on the damage to the motorcycle. There weren't any skid marks, 17 because the motorcycle was equipped with an ABS braking system. But I don't 18 think the motorcycle was going fast when it hit the back of the semi-truck. 19 Q: Did you fill out an accident report in connection with this accident? 20 A: Yes, I did and it is identified here as Exhibit 1. 21 Q: Does your accident report contain a statement regarding the cause of the 22 accident? 23 A: Yes, the accident report shows that the driver of the truck, Clay Morrow, 24 was at fault for failing to keep a proper lookout and failing to yield right-of-way to 25 oncoming traffic on the access road. 26 Q: Does the accident report show any other contributing factors? 27 A: No, I did not feel that Mr. Teller was at fault in any way. 28 Q: There is a place on the accident report that asks the question "is alcohol 29 involved in this collision?" Did you fill that out? 30 A: Yes, I showed that alcohol was involved in the accident. 31 Q: What is that based on? TESTIMONY OF OPIE WINSTON – 4 OF 6
1L Mock Trial 2021 – Page 22 DEPOSITION OF OPIE WINSTON AUGUST 18, 2021 1 A: Well, I found a one quart beer bottle with the neck broken off near Mr. 2 Teller’s body at the scene. Based on our standards of investigation, the presence of 3 any alcohol at the scene required me to check off the blank on the form that 4 alcohol was involved in the accident. 5 Q: After that blank on the form there is a place for a percentage of blood 6 alcohol content; did you fill that out? 7 A: Yes, I put +/-0.07%. 8 Q: What is that based on? 9 A: I took a sample at the scene. Mr. Teller had bled so much that I couldn't get 10 a reliable blood sample from any veins, so I inserted a needle in his chest cavity, 11 hoping to hit the heart, but I really couldn't tell whether I did or not. I sent the 12 sample to our laboratory, which reported back this 0.07% figure. The lab report 13 had a notation on it that said the sample was contaminated with something that 14 they couldn't identify. That's why you see the asterisk on my accident report by the 15 BAC level. 16 Q: Based on your investigation, did you feel that the report of a blood alcohol 17 level was reliable? 18 A: No, I didn't put any stock in it at all. 19 Q: Did you find any other containers at the scene? 20 A: Yes, I found a Budweiser can bottle in the saddle bag of the motorcycle. 21 Q: Did you take that into evidence? 22 A: Yes, and I did a fingerprint analysis on it and determined that Mr. Teller's 23 fingerprints were on the can. 24 Q: What if anything else was found in the motorcycle? 25 A: Yes, I also found a tiny bag that was filled with a green leafy substance. 26 Q: Did you have the green leafy substance tested to determine what it was? 27 A: No, I didn't bother with a test on that because Mr. Teller's wife told me that 28 Mr. Teller didn't have any marijuana on him when he was last seen by her and 29 that he only very rarely smoked marijuana. 30 Q: Do you have an opinion as to how this bag full of green leafy substance got 31 into the motorcycle?
TESTIMONY OF OPIE WINSTON – 5 OF 6
1L Mock Trial 2021 – Page 23 DEPOSITION OF OPIE WINSTON AUGUST 18, 2021 1 A: Yes, I think Morrow planted it into the motorcycle after the accident as a 2 way of trying to place the blame on Mr. Teller. I think this was a “thrown-down” 3 baggie. 4 Q: Did you have the bag itself tested for fingerprints? 5 A: Yes, but I found no known matches. 6 Q: Based on your investigation and your interviews with the witnesses, did you 7 reach a conclusion as to whether Clay Morrow was negligent in causing this 8 accident? 9 A: Yes, I believe that Morrow was negligent. I base that on the fact that he 10 drove the truck the wrong way for a quarter mile on the access road before pulling 11 into the entrance of the garage, which displays a complete disregard for the safety 12 of people who might have been using the access road. I believe he also failed to 13 yield right-of-way and failed to see Mr. Teller's motorcycle on the access road. The 14 access road there is very flat and you can see for a half mile in any direction. He 15 should have seen Mr. Teller's motorcycle coming and should have yielded the 16 right-of-way. 17 18 19 Opie Winston 20 Opie Winston
TESTIMONY OF OPIE WINSTON – 6 OF 6
1L Mock Trial 2021 – Page 24 DEPOSITION OF CLAY MORROW JUNE 16, 2021 1 CLAY MORROW
2 having been first duly sworn, testified as follows: 3 EXAMINATION
4 Q: Please state your name? 5 A: Clay Morrow. 6 Q: Do you go by any kind of nickname? 7 A: Yes, some people call me Grim Reaper. 8 Q: Why do some people call you that? 9 A: I guess it's my fascination with communicating with the dead and because 10 of my sick tat. 11 Q: Where do you live? 12 A: I live at 3131 Prospect Way here in Charming. 13 Q: How are you employed? 14 A: I am a truck driver and I work for Sons of Anarchy Trucking Empire, Inc. 15 Q: How long have you worked for Sons of Anarchy Trucking? 16 A: I've worked for SOA for 15 years. 17 Q: What are your job duties? 18 A: I transport stuff, inspect my vehicle for mechanical or safety issues, and 19 plan my routes and meeting delivery schedules. 20 Q: We are here to talk about an accident that happened on April 4, 2020, near 21 Teller-Morrow Automotive Repair Shop. Do you have knowledge of that accident? 22 A: Yes, I was there at the scene of that accident. 23 Q: Why were you out in that area at 11:42 at night? 24 A: We had been busy all day with deliveries and had to get that delivery done 25 that night – I don’t control the job man, its demanding. What can I say? Late 26 nights, early mornings. 27 Q: Were there other people with you? 28 A: Yes, I had a 2 person crew with me. Tig Trager is another driver, and Juice 29 Ortiz is just a general flunky who was going along trying to stay out of the way. 30 Q: Tell us generally what it is you did that evening to try and find the GPS
TESTIMONY OF CLAY MORROW – 1 OF 4
1L Mock Trial 2021 – Page 25 DEPOSITION OF CLAY MORROW JUNE 16, 2021 1 drop location? 2 A: Well, we drove down the access road to Interstate 84, which goes past the 3 Teller-Morrow Automotive Repair Shop. We were headed south along that access 4 road, looking for the GPS location. We didn't see anything on the access road at 5 first, so we turned right on State Highway 13. I have to say, I was really freaked 6 out by having to turn onto a highway numbered 13. It got worse when we made 7 another right tum onto Mayhem Lane. We went about a quarter mile on Mayhem, 8 with me feeling creepy and freaking out. Trager was using his phone to look for 9 the location the GPS was trying to take us. His phone finally loaded and showed 10 the spot, but closer to the access road, so we turned around on Mayhem went back 11 south on Mayhem, east on State Highway 13. I gotta say, I was glad to get off 12 those freaky roads and back onto something normal, like the access road. 13 Q: Which direction did you go on the access road? 14 A: Well, we went back north on the southbound access road for about a quarter 15 mile. It was late at night, and we couldn't see anybody coming, and we didn't want 16 to take all the time that would be required to go back around to get on the access 17 road headed the right direction. That would have taken us 10 minutes out of our 18 way. 19 Q: After you started north on the southbound access road, what did you do? 20 A: Well, near the garage we saw the location our GPS was sending us. I pulled 21 into the entrance of the garage and then shined the spotlight to see if the spot was 22 open for us to unload. I then determined that it would be best to back out on the 23 access road, go down the access road to the south a few hundred feet and pull into 24 a grassy area to try to get to the location. 25 Q: What happened next? 26 A: Well, I started backing out on the access road, after looking very carefully to 27 see if there was any oncoming traffic. I didn't see a thing on the access road, which 28 didn't surprise me given that time of night out near a closed garage. I then very 29 slowly backed onto the access road, came to a complete stop, put the truck into 30 first gear and started forward. It was then we felt a thump and heard a noise at 31 the back of the truck.
TESTIMONY OF CLAY MORROW – 2 OF 4 1L Mock Trial 2021 – Page 26 DEPOSITION OF CLAY MORROW JUNE 16, 2021 1 Q: Did you stop to see what had happened? 2 A: Yes, we all got out of the cab of the semi-truck and went around to the front 3 to look. 4 Q: What did you see there? 5 A: Well we saw a motorcycle wedged up under the back of the truck. It was 6 inserted under the truck almost all the way under to where I could only see tires. 7 We saw the driver of the motorcycle who appeared to be bleeding very badly and 8 unconscious. We then called 911 and tried to help the dude until the paramedics 9 arrived 10 Q: Before the paramedics arrived, did you check the motorcycle that was under 11 your truck? 12 A: We looked in the motorcycle, and we found a bottle of Budweiser next to the 13 driver and blood all over the place. 14 Q: Did you find anything else in the motorcycle? 15 A: Yeah, we looked in a little compartment by the handlebars of the 16 motorcycle. We found this plastic bag full of marijuana. 17 Q: How did you know it was marijuana? 18 A: I might have seen some before. 19 Q: Did the driver ever say anything while you were near the motorcycle? 20 A: Yes, he muttered what sounded like "Dude, what a hit. I'm really messed 21 up." We took that to mean he was stoned on marijuana and beer. 22 Q: Did he say anything else? 23 A: No, right after that he appeared to be unconscious or dead, probably leaning 24 toward the dead side. I'd never seen a dead body before and it kind of freaked me 25 out. 26 Q: Did the State Trooper Opie Winston arrive at the scene sometime after 27 that? 28 A: Yes, Trooper Ope showed up, seemed like an hour later or so. 29 Q: Did you talk to Trooper Ope about the accident? 30 A: Yes, Trooper Ope didn't really seem to want to talk to us much. The Trooper 31 asked a few questions but seemed really hostile and said something about being
TESTIMONY OF CLAY MORROW – 3 OF 4 1L Mock Trial 2021 – Page 27 DEPOSITION OF CLAY MORROW JUNE 16, 2021 1 tired of SOA trucks always being involved in drama around Charming. 2 Q: Did your company do an investigation? 3 A: I don't think there was any real formal investigation. It seemed real clear to 4 us that this drunk stoned out doper guy slammed into the back of us because he 5 wasn't paying any attention. But we are always supposed to carry one of those 6 cheap disposable cameras in case we get into an accident, and I did take some 7 photos while I was there. 8 Q: Is Exhibit 8 one of those photos? 9 A: Yeah, it sure is. 10 Q: Does it fairly and accurately depict what you saw at the scene of the 11 accident that evening? 12 A: Yes it does. 13 Q: What is Exhibit 7 photos of the truck you were driving that night? 14 A: Sure is. She’s a beauty ain’t she? 15 Q: Does Sons of Anarchy Trucking Empire, Inc have any kind of policy about 16 accidents where one of its employees is at fault? 17 A: The policy is that if you are involved in an at-fault fatality traffic accident, 18 you are through, fired, 19 cooked, gutted. They even take your pension away. 20 Q: Have you ever been involved in an at-fault fatality traffic accident? 21 A: Hey I'm still working here, aren't I? 22 Q: Have you ever been convicted of any felonies? 23 A: Well, about 10 years ago I got nailed on a felony charge of gun trading.
24 25 26 Clay Morrow 27 Clay Morrow
TESTIMONY OF CLAY MORROW – 4 OF 4
1L Mock Trial 2021 – Page 28
DEPOSITION OF CHIBS TELFORD NOVEMBER 16, 2021
1 CHIBS TELFORD
2 having been first duly sworn, testified as follows:
3 EXAMINATION
4 Q: Please state your name for the record. 5 A: My name is Chibs Telford. 6 Q: Where do you live Mr. Telford? 7 A: That's Dr. Telford…and I live at 79 Mayans Road, Charming, Lone Star. 8 Q: How are you employed? 9 A: I'm a consultant specializing in accident reconstruction. 10 Q: What is your educational background? 11 A: I got a Bachelor of Arts Degree in art history from Lone Star Christian 12 University, in Fortress Worth. I then achieved a master’s degree from Lone Star 13 Tech, specializing in cultural studies. I then obtained a Ph.D. in traffic engineering 14 from Lone Star State College in College Town. 15 Q: How long have you served as a consultant in accident reconstruction? 16 A: I've worked as a consultant for 20 years, ever since I got my Ph.D. and could 17 call myself doctor. 18 Q: Have you ever testified as an expert witness before?? 19 A: Yes, I have testified in 94 cases over the past 10 years. 20 Q: In how many of those cases did you testify for the defendant? 21 A: Around 85 percent. 22 Q: How many times have you testified for lawyers at the Cabrera & Hill firm? 23 A: 72 times. 24 Q: Have you looked in the facts and circumstances surrounding the accident 25 near Teller-Morrow Automotive Repair Shop on April 4, 2020? 26 A: Yes, I was called out to investigate that accident on April 6, 2020, and I 27 have come to certain conclusions about it. 28 Q: Tell us generally what opinions you have come to regarding the accident 29 A: My overarching opinion is that the driver of the motorcycle, Jax Teller was 30 entirely at fault in causing this accident.
TESTIMONY OF CHIBS TELFORD – 1 OF 4 1L Mock Trial 2021 – Page 29
DEPOSITION OF CHIBS TELFORD NOVEMBER 16, 2021
1 Q: What's the basis for that opinion? 2 A: Well, first, Teller has a .07 percent blood alcohol content, meaning that he 3 was impaired at the time of the accident. Second, Teller was driving at an unsafe 4 rate of speed for the conditions. I believe he was going 57 mph at the time of 5 impact. Third, Mr. Teller did not lay down any skid marks and there was no other 6 indication that he perceived the semi-truck in the road or reacted to it 7 appropriately if he did perceive it. Finally, that road out there is straight and flat. 8 Mr. Teller should have been able to see this semi-truck at night from a half a mile 9 away. He should have noticed it was backing out and he should have taken evasive 10 action to avoid it. There is absolutely no evidence that he did any of that. 11 Q: Going back to the first of your opinions, why do you think he had an 12 impaired level of functioning because of alcohol? 13 A: The accident report lists a .07 percent blood alcohol level from a sample 14 taken at the scene. 15 Q: Is there any indication that the blood alcohol test was inaccurate? 16 A: The Trooper apparently thought so, because the accident report has a little 17 asterisk that says that the sample was contaminated. In my opinion, the fact that 18 Teller had a beer bottle near his body and another can in the motorcycle is enough 19 for me. 20 Q: As to the second leg of your opinion, how fast do you believe Mr. Teller was 21 going? 22 A: I believe he was going 57 mph at the time of impact, based on the amount of 23 crushing of his motorcycle and the fact that he was wedged under the semi-truck. 24 Q: Were there any skid marks to measure to make any kind of definitive 25 determination from? 26 A: No, but the motorcycle had ABS brakes and wouldn't have laid down skid 27 marks even if Teller had gotten on the brakes. I just don't think he ever put the 28 brakes on. 29 Q: If he did put the brakes on would you be able to tell it due to the ABS 30 brakes? 31 A: I doubt it.
TESTIMONY OF CHIBS TELFORD – 2 OF 4
1L Mock Trial 2021 – Page 30
DEPOSITION OF CHIBS TELFORD NOVEMBER 16, 2021
1 Q: Did you look to verify that the motorcycle had ABS brakes? 2 A: No I never did, but Mr. Teller was on a 2003 Harley Davison Dyna Super 3 Glide Sport and I thought that model had ABS brakes. 4 Q: If the motorcycle had ABS brakes, would it lay down skid marks even under 5 heavy breaking 6 A: I doubt it. 7 Q: Why if the motorcycle had ABS brakes would skid marks be less likely? 8 A: Simply put, ABS works to prevent a motorcycle's wheel, or wheels, from 9 locking during braking thus no skid marks. ABS adjusts the braking pressure 10 accordingly to prevent the wheel from locking and assists with maintaining the 11 stability of the motorcycle. 12 Q: The final part of your opinion is that Mr. Teller should have been able to see 13 the truck from half a mile away; is it also true that the truck should be able to see 14 Mr. Teller from the same distance? 15 A: Well, the truck is bigger, and it had its lights on. 16 Q: Are you saying that Mr. Teller didn't have his lights on? 17 A: My opinion is that if Mr. Teller had his lights on, GrimReaper would have 18 seen his motorcycle coming along the access road. Therefore, I conclude that Mr. 19 Teller did not have his lights on and was driving at night without lights in a 20 reckless manner, under the influence of various substances. 21 Q: Is there any evidence that would substantiate your opinion that Mr. Teller 22 didn't have his lights on, other than the fact that GrimReaper didn't see him? 23 A: No, I didn't check out the filaments of the light bulbs to see if there was 24 evidence consistent with the lights being on or off. 25 Q: Was there anything that stopped you from checking out the filaments on the 26 light bulbs of Mr. Teller's motorcycle? 27 A: Have you ever been in Charming in November? It's as cold as a polar bear’s 28 nose. I found what I needed in the motorcycle and then found a warmer place to 29 be. 30 Q: Did you find anything in the motorcycle? 31 A: Yes, I found a receipt for a 6 pack of beer.
TESTIMONY OF CHIBS TELFORD – 3 OF 4
1L Mock Trial 2021 – Page 31
DEPOSITION OF CHIBS TELFORD NOVEMBER 16, 2021
1 Q: Is Exhibit 4 a true and correct copy of that receipt? 2 A: Yes, it is. That thing was wedged down in the crack on the back of the seat. 3 Q: Have you developed your own investigation standards? 4 A: No, I take each accident as I find it. 5 Q: What is it that you base your opinion on that the motorcycle was wedged 6 firmly under the semi-truck? 7 A: Exhibit 8, which is a photograph at the scene of the accident, shows how far 8 the motorcycle was pushed under the truck. 9 Q: What else does that photo show us? 10 A: Well I notice there is yet another beer can at the side of the road near the 11 motorcycle. This guy must have been really loaded. 12 Q: Were any other photos taken of the area of the accident that you relied on in 13 your investigation? 14 A: Yes, Exhibit 1 is an aerial drawing that shows the scene of the accident from 15 the south, looking north, showing the access road, the garage, and the point of the 16 accident right there at the south end of the garage. 17
18 Chibs Telford 19 Chibs Telford 20
TESTIMONY OF CHIBS TELFORD – 4 OF 4
1L Mock Trial 2021 – Page 32
NO. 20-04202-CV
TARA KNOWLES TELLER, individually § IN THE 42nd DISTRICT COURT and as Administrator of the Estate of JAX §
TELLER, and as Next Friend for ABEL § TELLER § Plaintiff, § IN AND FOR LUBBOCK COUNTY § v. § § SONS OF ANARCHY TRUCKING EMPIRE, INC., § Defendant. § STATE OF LONE STAR
PRELIMINARY JURY INSTRUCTIONS
You have now been sworn as the jury to try this case. This is a civil case
involving a disputed claim or claims between the parties. Those claims and other
matters will be explained to you later. By your verdict, you will decide the disputed
issues of fact. I will decide the questions of law that arise during the trial, and
before you retire to deliberate at the close of the trial, I will instruct you on the law
that you are to follow and apply in reaching your verdict. It is your responsibility
to determine the facts and to apply the law to those facts. Thus, the function of the
jury and the function of the judge are well defined, and they do not overlap. This is
one of the fundamental principles of our system of justice.
Before proceeding further, it will be helpful for you to understand how a trial
is conducted. In a few moments, the attorneys for the parties will have an
opportunity to make opening statements, in which they may explain to you the
issues in the case and summarize the facts that they expect the evidence will show.
Following the opening statements, witnesses will be called to testify under oath.
They will be examined and cross-examined by the attorneys. Documents and other
1L Mock Trial 2021 – Page 33
exhibits also may be received as
evidence.
After all the evidence has been received, the attorneys will again have the
opportunity to address you and to make their final arguments. The statements that
the attorneys now make and the arguments that they later make are not to be
considered by you either as evidence in the case or as your instruction on the law.
Nevertheless, these statements and arguments are intended to help you properly
understand the issues, the evidence, and the applicable law, so you should give
them your close attention. Following the final arguments by the attorneys, I will
instruct you on the law.
You should give careful attention to the testimony and other evidence as it is
received and presented for your consideration, but you should not form or express
any opinion about the case until you have received all the evidence, the arguments
of the attorneys, and the instructions on the law from me. In other words, you
should not form or express any opinion about the case until you retire to the jury
room to consider your verdict.
The attorneys are trained in the rules of evidence and trial procedure, and it
is their duty to make all objections they feel are proper. When a lawyer makes an
objection, I will either overrule or sustain the objection. If I overrule an objection to
a question, the witness will answer the question. If I sustain an objection, the
witness will not answer, but you must not speculate on what might have
happened or what the witness might have said had I permitted the witness to
1L Mock Trial 2021 – Page 34
answer the question. You should not draw any inference from the question itself.
During the trial, it may be necessary for me to confer with the attorneys out of your hearing, talking about matters of law and other matters that require consideration by me alone. It is impossible for me to predict when such a conference may be required or how long it will last. When such conferences occur, they will be conducted so as to consume as little of your time as necessary for a fair and orderly trial of the case.
At this time, the attorneys for the parties will have an opportunity to make their opening statements, in which they may explain to you the issues in this case and give you a summary of the facts they expect the evidence will show.
1L Mock Trial 2021 – Page 35
NO. 20-04202-CV
TARA KNOWLES TELLER, individually § IN THE 42nd DISTRICT COURT and as Administrator of the Estate of JAX § TELLER, and as Next Friend for ABEL § TELLER § Plaintiff, § IN AND FOR LUBBOCK COUNTY § v. § § SONS OF ANARCHY TRUCKING EMPIRE, INC., § Defendant. § STATE OF LONE STAR
FINAL JURY INSTRUCTIONS
Members of the jury, I shall now instruct you on the law that you must follow
in reaching your verdict. It is your duty as jurors to decide the issues, and only
those issues, that I submit for determination by your verdict. In reaching your
verdict, you should consider and weigh the evidence, decide the disputed issues of
fact, and apply the law on which I shall instruct you to the facts as you find them,
from the evidence.
The evidence in this case consists of the sworn testimony of the witnesses, all
exhibits received into evidence, and all facts that may be admitted or agreed to by
the parties. In determining the facts, you may draw reasonable inferences from the
evidence. You may make deductions and reach conclusions which reason and
common sense lead you to draw from the facts shown by the evidence in this case,
but you should not speculate on any matters outside the evidence.
In determining the believability of any witness and the weight to be given the
testimony of any witness, you may properly consider the demeanor of the witness
while testifying; the frankness or lack of frankness of the witness; the intelligence of
1L Mock Trial 2021 – Page 36
the witness; any interest the witness may have in the outcome of the case; the
means and opportunity the witness had to know the facts about which the witness
testified; the ability of the witness to remember the matters about which the
witness testified; and the reasonableness of the testimony of the witness, considered
in the light of all the evidence in the case and in light of your own experience and
common sense.
The issues for your determination on the claim of Tara Knowles Teller
individually and as Administrate of the Estate of Jax Teller, and as Next Friend for
Abel Teller, are whether Sons of Anarchy Trucking Empire, Inc. was negligent in
failing to use ordinary care in the operation of its semi-truck and/or negligently
entrusted an unsafe driver with the operation of its semi-truck on April 4, 2020, and
if so, whether such negligence was the proximate cause of any damages to Teller.
"Negligence" means failure to use ordinary care, that is, failing to do that
which a person of ordinary prudence would have done under the same or similar
circumstances or doing that which a person of ordinary prudence would not have
done under the same or similar circumstances.
"Negligence" in this case also includes the concept of negligent entrustment.
Negligent entrustment means that a person fails to use ordinary care if it allows
someone else to use its automobile, when it knows the driver is unlicensed,
incompetent, or reckless, and the driver is negligent on the occasion in question in a
manner that is the proximate cause of damages to someone else.
"Ordinary care" means that degree of care that would be used by a person of
1L Mock Trial 2021 – Page 37
ordinary prudence under the same or similar circumstances.
"Proximate cause" means that cause which, in a natural and continuous sequence, produces an event, and without which cause such event would not have occurred. In order to be a proximate cause, the act or omission complained of must be such that a person using ordinary care would have foreseen that the event, or some similar event, might reasonably result therefrom. There may be more than one proximate cause of an event.
Negligence is a legal cause of loss, injury, or damage if it directly and in natural and continuous sequence produces or contributes substantially to producing such loss, injury, or damage so that it can reasonably be said that but for the negligence the loss, injury, or damage would not have occurred.
Answer "Yes" or "No" to all questions unless otherwise instructed. A "Yes" answer must be based on a preponderance of the evidence unless you are otherwise instructed. If you do not find that a preponderance of the evidence supports a "Yes" answer, then answer "No." The term "preponderance of the evidence" means the greater weight and degree of credible evidence admitted in this case. Whenever a question requires an answer other than "Yes" or "No," your answer must be based on a preponderance of the evidence unless you are otherwise instructed.
At this point in the trial, you, as jurors, are deciding only if Sons of Anarchy
Trucking Empire, Inc., was negligent and if Jax Teller was negligent. You will first return a verdict on that issue. If you find that Sons of Anarchy Trucking Empire,
1L Mock Trial 2021 – Page 38
Inc. was at fault, you will hear additional argument from the attorneys and you will
hear additional witnesses testify concerning damages. Your verdict must be based
on the evidence that has been received and the law on which I have instructed you.
In reaching your verdict, you are not to be swayed from the performance of your
duty by prejudice, sympathy, or any other sentiment for or against any party. When
you retire to the jury room, you should select one of your members to act as
foreperson, to preside over your deliberations, and to sign your verdict. Your
verdict must be unanimous, that is, your verdict must be agreed to by each of you.
You will be given a verdict form, which I shall now read and explain to you.
(READ VERDICT FORM)
When you have agreed on your verdict, the foreperson, acting for the jury,
should date and sign the verdict form and return it to the courtroom. You may now
retire to consider your verdict
1L Mock Trial 2021 – Page 39
NO. 20-04202-CV
TARA KNOWLES TELLER, individually § IN THE 42nd DISTRICT COURT and as Administrator of the Estate of JAX § TELLER, and as Next Friend for ABEL § TELLER § Plaintiff, § IN AND FOR LUBBOCK COUNTY § v. § § SONS OF ANARCHY TRUCKING EMPIRE, INC., § Defendant. § STATE OF LONE STAR
JURY QUESTION NO. 1
Did the negligence, if any, of those names below proximately cause the occurrence in question?
Answer “yes” or “no” for each of the following:
a. Sons of Anarchy Trucking Empire, Inc. ______
b. Jax Teller ______
1L Mock Trial 2021 – Page 40
If you have answered “Yes” to Question 1 for more than one of those named below then answer the following question. Otherwise, do not answer the following question. JURY QUESTION NO. 2
The percentages you find must total 100 percent. The percentages must be expressed in whole numbers. The negligence attributable to anyone named below is not necessarily measured by the number of acts or omissions found. The percentage attributable to anyone need not be the same percentage attributed to that one in answering another question.
What percentage of the negligence that caused the injury do you find to be attributable to each of those listed below and found by you, in your answer to Question1, to have been negligent?
a. Sons of Anarchy Trucking Empire, Inc. ______%
b. Jax Teller ______%
Total 100%
SO SAY WE ALL this ______day of ______, 2021
______Foreperson
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QLESSEE Tel ler, Jax N. same [YWNER
LIABILITY fillYES n n NSURANCE ONO =Ue,n.,,k,,.,,,o,_,we,,,,..- ______-::'U::=k"'n'- n':'o::w�n______VEHIC lED AMAGE RATlflll _cM______D EXP IHIUIWC(OOl,IHH'I 0,cuc;v,......
I-MOTOR VEHICL E •-PEOESTRWII 7H0N.CQNTACT ALTEREO D S l F U J G L D 1 J F 2 9 5 'tE. 2-TRAIN S-MOTORIZEO CONYEYANC:t I-OTHER VIN• --"'"'-'-'-'C.CCCCC. =3-"'H""L""-'-'"-6"-'-"' ____ VEH1o.E HEIGHT O J.FE"OALCYCUST &-TOWED NO 'IE.AR COLOR& B BOOY TL /W Ke orthnw MOCfl T 660 2020 LS LS 0 3 M 007 _PL.ATE lfAfC 9 9 ODEL 2 MAKE ______NAME ______S m£ _____ ,_ 'II.AA Hrs _Cl .ya _ G . 678 Shieldmai den, Charming,Lo neStar, 79381 1(806) 335 58 6 : __M _r_ o _ r_w_ o ______- 2 LIST ,....-r Ml �
TYPE OF ALCOHOLSPEC™EH TAKEN 1-6REATH2•EM.OOO 3-URlNE 4NOHE- S-FEFUSEO QLESSEE Sons of Anarchy Trucking Empire 7466 TailGu nner,Charming, LoneStar 79416 QowtEA ��W'AY1"3WLDKl•LLAHO � POW� AOONlli,STIWll.CIT'f.lTAtl..ZJl't
IABILIL TY 18) YES D RAN 0NO n wn o n n w_no______VEHIC E D AGE RATI 6 HSu d: =U�k�� �� � �------c_�_u"- ����-n == _ L AM NG __-_B_ _-_2_____ 1 0EXP NIIJIWGCIJ/W'l#t �•-.-.
QA.MAGE TO �FERTY OTHERTHAN VEHICLES ------, E ______OBJECT NAME ANO AOORESS Of ONIER FE T FROMCU RB DAMAGEESTIMATE INYOUR()Pl,IIQN,OIO THIS CRASH RESUI.TIN AT LEAST Sl,000DAMAGE 00 TO AHV ONE PERSON'S PROPERTY? 0Y ES O NO CHAAGESFllEO Clay Morrow . NAME CHARGE Fail to yield ROW CrTATION• lS837267__ _
TIMEMOTlFIEO TIMEARRrYEO 04 /04 11:55 P >C Radio 0 04 11: PM 06 /20 0 OFCRASH M W ATSCE.NE 4/ .:, re�_ os__ l_ _ _ _ 2_ _ _ --..-,.�- """' ------TYPED OR PRINTED REPORT (ElYES CharmingPD 6 NAME OFINVESTIGATOR Opie Winston 10, 711 AGENCY OIST/,lf\EA C"""1ETE D NO WEATHER: ROADWAY: 1 x Icy Rain x Rain Snow x Foggy Other Wet Snowy Dry 0 = None 10 = 10 o'clock 12 VEHICLE NUMBER 2: 1 = 1 o'clock 11 = 11 o'clock VEHICLE NUMBER 1: 2 = 2 o'clock 12 = 12 o'clock INITIAL IMPACT POINT 7-8 3 = 3 o'clock 13 = Top of Vehicle INITIAL IMPACT POINT 1-2 4 = 4 o'clock 14 = Vehicle Undercarriage LEGAL SPEED 55 MPH 5 = 5 o'clock 15 = Use when the initial 9 3 LEGAL SPEED 45 MPH 6 = 6 o'clock impact was with a towed unit ESTIMATED SPEED unknown 7 = 7 o'clock (such as utility trailer vehicle, ESTIMATED SPEED unknown 8 = 8 o'clock horse van, etc…) MPH MPH 9 = 9 o'clock 99 = Unknown 6 INSTRUCTIONS:
1. Draw Diagram As Clearly As You Can. See attached diagram 2. Show Your Vehicle As Number 1.
3. Label All Streets, Highways, and Landmarks.
4. Draw An Arrow In Circle Below So It Points North.
5. Complete Narrative.
Indicate North By Arrow
GIVE A DETAILED DESCRIPTION OF THE ACCIDENT IMMEDIATELY PRIOR TO IMPACT, AT IMPACT, AND IMMEDIATELY AFTER IMPACT, REFER TO VEHICLES BY NUMBERS Unit 1 was heading south bound on access road south. Unit 2 has pulled into Teller-Morrow entrance and reversed out onto the access road south before proceeding south. Operator of Unit 1 was found wedged under Unit 2. Operator of Unit 2 was seated on vehicle when struck from behind. Speed and direction of Unit 2 was undetermined. Speed of Unit 1 was undetermined at the scene.
SIGNATURE 1
'1 fit\� �t, �� X <,°\<',, � .,cf f 1t\\t -. � -� If\o tf'f, Cl(�� ii G � l � c!; -g ....._:, E cs WI=� s . ..,,,.o ! • �V' � 2:: C - 2
Abel Jax Teller
Tara Knowles Teller Jax Teller January 8, 2021 7:52 P.M. 7 lbs 6 oz 21 inches Charming Hospital Charming Lone Star
Tara Teller N/A 3
High School Graduation Diploma
THIS CERTIFIES THAT Jax Teller
has completed all the requirements of the curriculum of Charming High School.
Drew White Jessica Bebawi Drew White Jessica Bebawi UNIVERSITY DIRECTOR SCHOOL PRINCIPAL 4
REDWOOD ORIGINALS QUICK STOP 8474 ACCESS ROAD SOUTH CHARMING, LONE STAR
ORDER: 154 APRIL 4 HOST: 21:32:45
1 6PK BUDW $ 6.24
CASH SALE
SUBTOTAL $ 6.24 TAX $ 0.04 TOTAL: $ 6.28 TRANSA CTION TYPE: SALE AUTHORIZATION: APPROVED PAVHENT CODE• PAYMENT ID: CARD READER:
TIP:
TOTAL:
X
CUSTOMER COPY THANKS FOR VISITING REDWOOD ORIGINALS QUICK STOP 11111111111111 111 5 6
ACCIDENT INVESTIGATION STANDARDS
In all investigations, the following standards must be followed. Failure to follow these standards will result in investigation which is flawed. 1. On arriving at an accident scene where the vehicles have not been removed: a. Immediately secure the area by putting crime scene tape around all vehicles, if the scene has not already been secured. b. Photograph the scene from the perimeter, starting at a point you mark on the ground with some marker like a traffic cone, then proceeding 10 feet in a clockwise direction and stopping to photograph inward toward the vehicles, moving another 10 feet and repeating the process until you reach the marker you have placed. c. Photograph each vehicle individually, circling as above. d. Identify all objects that appear to be associated with the accident, such as vehicle parts and o objects that may have been ejected from the vehicles. e. If law enforcement officials have not collected evidence at the site, secure their permission to secure any objects of interest. 2. On all scenes (whether vehicles have been removed or not): a. Identify and measure all skid marks. If no skid marks are found at the scene of an accident, check the vehicle to verify whether or not it has ABS braking system. b. Identify al witnesses; make a record of names, addresses, phone numbers, places of employment. Obtain a description of the placement of the witness in relation to the accident and a written statement of the observations of the witnesses. c. In all nighttime accidents, obtain the bulbs from the headlights of all vehicles to verify whether the headlights were on or off.
WAYNE UNSER SEMINAR PAGE 3 7 7
"' ......
:ii 8 9
No. CR-01-2021
STATE OF LONESTAR § IN THE DISTRICT COURT § § § v. § IN AND FOR § § § CLAY MORROW § Defendant § LUBBOCK, LONE STAR
INDICTMENT
IN THE NAME AND BY THE AUTHORITY OF THE STATE OF LONESTAR
The duly organized Grand Jury of the District Court of Lubbock County, Lone Star presents in and to said Court that:
In Lubbock County Lone Star, CLAY MORROW, hereafter styled as Defendant, on or about the 23 day of August, 2017 did then and there intentionally and knowingly trade weapons i.e., guns.
AGAINST THE PEACE AND DIGNITY OF THE STATE
********************************** A TRUE BILL **********************************
Rodrigo Escobar Foreman of Grand Jury
PRESENTED THIS 23 DAY OF OCTOBER, 2018 10 11
CHARMING EMERGENCY SERVICES TRANSCRIPT OF 911 CALL
RECEIVED FROM 381-183-9183
DATE OF CALL: APRIL 4, 2020 TIME OF CALL: 11:25 P.M.
------
[CALL BEGINS]
OPERATOR: 911. WHAT IS YOUR EMERGENCY?
CALLER: WELL, I WISH I KNEW.
OPERATOR: WHAT IS YOUR NAME?
CALLER: CLAY, WHY?
OPERATOR: IS THERE AN EMERGENCY?
CALLER: YES, THERE HAS BEEN AN ACCIDENT… AND UHM I DO NOT KNOW WHAT HAPPENED EXACTLY
OPERATOR: IS ANYONE INJURED?
CALLER: (inaudible) WELL DOES DEAD COUNT AT INJURED?
OPERATOR: STAY ON THE LINE, WE ARE SENDING EMERGENCY PERSONAL OUT TO YOU NOW. WHAT HAPPENED?
CALLER: SOME DUDE WAS HIGH AND DRUNK AND JUST TOOK A BIG SNIFF OF THE READ OF MY BEST TRUCK.
OPERATOR: CAN YOU SEE THE MAN WHO HIT YOU?
CALLER: WOMAN, IF I COULD SEE HIM AND SAVE HIM WHY WOULD I CALL YOU?
OPERATOR: WE HAVE EMERGENCY PERSONAL ON THE WAY NOW, SIR.
CALLER: IIGHT.
[CALL ENDS] Dallas, TX 50°F Search location, zip...
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