THE THIRTY-SEVENTH ANNUAL IOWA MIDDLE SCHOOL MOCK TRIAL TOURNAMENT 2020 ESTATE OF JACK WILSON Vs. BARRIE BUCK d/b/a THE LOVE SHACK NIGHTCLUB A program of The Iowa State Bar Association Center for Law & Civic Education In cooperation with the Young Lawyer’s Division Of The Iowa State Bar Association With generous financial support from The Iowa State Bar Foundation 1 IOWA MIDDLE SCHOOL MOCK TRIAL TOURNAMENT 2020 ESTATE OF JACK WILSON Vs. BARRIE BUCK d/b/a THE LOVE SHACK NIGHTCLUB Adapted From Competition Materials Haddas v. Temony Prepared for the 2005 Delaware Mock Trial Competition by the Delaware Law Related Education Center, Inc. These materials, in turn, were adapted with permission from the Nebraska State Bar Foundation. Many Thanks to the Delaware and Nebraska Mock Trial Programs for the use of their original problems. Case Adapted For Iowa High School Competition in 2007 Use By: The Iowa State Bar Association Center for Law & Civic Education 625 East Court Avenue Des Moines, Iowa 50309 Further modifications made to the case materials in preparation for the 2020 Iowa Middle School program. 2 STIPULATIONS 1. All exhibits included in the problem are authentic and accurate in all respects, and no objections to the authenticity of the exhibits will be entertained. 2. The Witness Statements are assumed to have been signed and other documents are also assumed authentic. 3. This trial is bifurcated. The jury/court will not address damages in this phase of the trial. 4. The requirements for jurisdiction and venue have been met. 5. Whenever a rule of evidence requires that reasonable notice be given, it has been given. 6. If the medical examiner were to testify at this trial, he would testify that Jack Wilson died as a result of asphyxiation due to smoke inhalation; that the death has been ruled accidental not criminal; that the approximate time of death was 11:15 p.m. on March 15, 2018. 7. The Death Certificate and Abridged Coroner’s Report are public records and should be considered as business records within the meaning of the Business Records Act. 8. Exhibit 7 depicts 4 types of close proximity indoor pyrotechnic displays used during the concert on March 15, 2018. These are not photographs from the actual show. The top photo depicts a Sparkler display. The middle photo represents a series of Propane Flash Pots. The bottom photograph is a depiction of the Spinner and Saxton Effect (center stage) and two Flame Projectors (sides). The photos used in this exhibit may be separated and enlarged individually up to the maximum allowed dimensions if desired. WITNESSES The following witnesses are available and must be called by the parties: For the Plaintiff- For the Defendant- Rickie Wilson Barrie Buck Mel Pierson Stacey Byrne Fredrik/a Schneider Rem Brandt All witnesses may be female or male. The decedent, Jack Wilson, was male. This does not affect the gender of the witnesses involved nor does it have an impact on the relationships between the decedent and the witnesses. 3 EXHIBITS The following exhibits may be used by teams in competition. They are pre-marked and are to be referred to by number, as follows: Exhibit No. Exhibit Description 1 Floor Plan of The Love Shack Nightclub 2 Death Certificate and Abridged Coroner’s Report 3 Hand-held Tally Counter from Nightclub 4 Fire and Building Code Inspection Report – August 2017 5 Emergency Training Certificate 6 Entry from Blog: Jack & Mel’s Big Film Show 7 Photos of Representative Pyrotechnic Special Effects 8 Proximate Pyrotechnics Checklists 9 Photo of Rem Brandt’s Guitar Case Note: This problem is designed as a jury trial. However, your arguments will be presented to a panel of judges. You should evaluate and review all appropriate jury instructions provided in preparing your case. 4 IN THE IOWA DISTRICT COURT FOR GOLDFINCH COUNTY ______________________________________________________________________________ RICKIE WILSON ) LAW NO. 20072020 As Administrator for the Estate ) Of JACK WILSON ) ) Plaintiff, ) ) v. ) ) PETITION AT LAW BARRIE BUCK, individually, ) d/b/a THE LOVE SHACK NIGHTCLUB, ) ) Defendant. ) ______________________________________________________________________________ COMES NOW Rickie Wilson, as the Administrator for the Estate of Jack Wilson, her/his biological son, and for their claim against Defendant, Barrie Buck d/b/a The Love Shack Nightclub, respectfully state to the Court as follows: FACTS COMMON TO ALL CLAIMS 1. That the Plaintiff, Rickie Wilson, is the duly qualified, appointed and acting personal representative of the Estate of Jack Wilson, (hereinafter “Decedent”) as would appear from the records of the office of the Iowa District Court for Goldfinch County. 2. That Decedent Jack Wilson was a resident of and died intestate in the County of Goldfinch in the State of Iowa. 3. That upon information and belief the Defendant, Barrie Buck, sole owner of and doing business as The Love Shack Nightclub is a resident of Goldfinch County in the State of Iowa, and that The Love Shack is a business licensed and operated under the laws of the State of Iowa. 4. That the Defendant solely owned and operated a nightclub, licensed to serve alcohol and as a venue for live shows, known as The Love Shack which opened in 1917. 5 5. That Defendant was fully aware of the specific statutes and regulations governing occupancy limits, safety concerns, fire hazards and other matters which were part of his/her licensure including his/her license to serve alcohol and provide live entertainment. 6. That on numerous occasions Defendant had knowledge of violations of such rules, statutes and regulations and took no ameliorative acts. 7. That Defendant was aware of the planned pyrotechnic show which is at issue in this claim and had direct knowledge of the nature and type of show which was to be provided in this venue. 8. That the Decedent was present on the night of March 15, 2018 for The Dutch Masters show, sustaining injuries from the conduct of said show which resulted in his death. Said injuries being the direct and proximate result of negligence on the part of Defendant. COUNT I NEGLIGENCE 9. Plaintiff re-alleges and incorporates herein each and every allegation contained in paragraphs 1 through 8. 10. The Defendant was negligent, grossly negligent and careless at the time and place above mentioned in at least one or more of the following particulars: a) In failing to properly monitor occupancy of the entertainment venue; b) In failing to maintain and properly train a sufficient staff to provide for security and safety of those participating in or viewing the entertainment; c) In failing to supervise the entertainment which involved pyrotechnics involving known danger; and d) In failing to fully and completely comply with all fire codes and other regulations regarding the safety of patrons in an entertainment venue. 6 11. Such negligence and carelessness on the part of Defendant was the sole, direct, actual and proximate cause of the Decedent’s death. COUNT II WRONGFUL DEATH 12. Plaintiff specifically re-alleges and incorporates herein each and every allegation contained in paragraphs 1 through 8. 13. By reason of Decedent’s untimely death the Plaintiff, his biological parent, Rickie Wilson has been deprived of all benefits, society and companionship and has been caused great mental shock and suffering. 14. The Plaintiff in the past has and will forever be caused grief and sorrow by the loss of Decedent’s love, society and companionship. 15. The Plaintiff has also been deprived of the Decedent’s future services, experience and judgment. 16. The Plaintiff has also incurred substantial expenses in relationship to Decedent’s funeral. 17. That as a result of the negligence of the Defendant, the statutory beneficiaries of the Decedent have suffered the following injuries: a) Medical expenses; b) Grief; c) Shock; d) Sorrow; e) Depression, Post Traumatic Stress Disorder and other psychological injuries; f) Funeral and Estate expenses; 7 g) Wounded feelings; and h) Loss of companionship, society and advice. 18. Because of Defendant’s grossly negligent and willful conduct, Plaintiff is also entitled to a judgment for punitive damages in an amount to be determined by a jury in accordance with the law and evidence in this case. COUNT III SURVIVAL ACTION 19. Plaintiff re-alleges and incorporates herein each and every allegation contained in paragraphs 1 through 8. 20. As a result of the negligence of Defendant, the Decedent while he lived suffered the following injuries and damages: a) Pain; b) Suffering; c) Loss of enjoyment of life; d) Terror and trauma; e) Mental anguish and emotional distress; f) Impairment of health; and g) Anguish of the knowledge of impending death. 21. Plaintiff is informed and believes s/he is entitled to a judgment against the Defendant adequate to compensate Decedent’s estate for actual losses and for such punitive damages a jury may deem appropriate, for the costs of this action, and for such other and further relief as the Court deems just and equitable. 8 COUNT IV PREMISES LIABILITY 22. Plaintiff re-alleges paragraphs 1 through 8 as if each were fully set forth herein. 23. Defendant knew or in the exercise of reasonable care should have known of the condition of the premises s/he owned and that this condition involved an unreasonable risk of injury to Plaintiff. 24. Defendant knew or in the exercise of reasonable care should have known that Decedent and others present at the entertainment venue would not realize that the conditions of the entertainment venue posed an unreasonable risk of injury and that Decedent would be unable to protect himself from this condition due in part to the encouragement of Defendant in creation of the conditions.