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On April 24, 2021, at approximately 2:30 p.m., Sally, age 64, made a trip to her local pharmacy in Indianapolis. While there to pick up

On April 24, 2021, at approximately 2:30 p.m., Sally, age 64, made a trip to her local pharmacy in Indianapolis. While there to pick up a prescription for her high blood pressure, she went down the candy aisle to pick up some butter mints and this is when she fell over a stack of shelves an employee had set on the floor as he was rotating stock. Several bystanders and the stock person rushed to her aid. After ascertaining that she was able to walk, the Assistant Manager escorted her to her car, where her niece, Martha, was waiting in the vehicle. Sally was advised to go to the hospital for an examination, at the pharmacy's expense, but she de clined, saying she was just shaken up. Two days later, in a great deal of pain, Sally went to the hospital for x-rays, where it was discovered that she had three fractured ribs and a mild concussion along with significant bruising and swelling on her arm and legs. She was sent home with pain medication and advised to rest for a week. Because Sally makes her living as a graphic designer, she was unable to work due to the injuries to her arm. The pain from her leg injury also made it impossible for her to sit or stand for more than short periods of time. 

How would you handle the witness statements (bystanders and stock person, Assistant Manager) and how would this help in recreating the scene or supporting Sally's case? How and when might you need the assistance of expert witnesses?
What are the special considerations with expert witnesses in courtroom presentations?


What types of evidence would you have for the case? What other types of information would you have about the case? In what ways could you use CaseMap or a similar case management system to organize the evidence and other information about the case? How might you arrange all of these materials so that they can be easily searched, accessed and analyzed?


How would you deal with the fact that time elapsed between when she was injured (remember that she initially refused the medical care that was offered) and when she actually sought treatment? How would you tie the pneumonia as a consequence of her accident?


How would you create empathy for the victim - and make the pharmacy appear negligent, uncooperative and callous? It is quite likely that the pharmacy's lawyers will try to portray Sally as someone who was not injured severely, but who is now trying to "make a quick buck." They will also try to show that the pneumonia was unforeseen and not a consequence of the accident and they may also cite her high blood pressure as another cause of her fall.


Discuss the ethical issues in creating all of the materials that will be needed for the case. How will you prepare or handle any enhancements of the materials while staying true to the facts and evidence? Please discuss any other issues related to your role as the person preparing the material for presentation in the courtroom

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