Law Term Paper Sample: Mock Trial

Lee Cavanaugh v. Cup of Joe, Inc

Witness Statement’s (Lee Cavanaugh) Reflection

Mr. Cavanaugh gives an account of the events and how they took place in the time when he was being burnt. Apparently, Cavanaugh is narrating how things were on that day, and he seems honest in his articulation of his testimony. I believe there are areas of his testimony that cannot be explained at the time he had passed out. The aspect of passing out has benefits of doubt as the only thing he can remember is being in a hospital bed undergoing treatment. I think Cavanaugh is not completely honest when he narrates how the events occur. He forwards poor arguments concerning the truth in terms of how the whole thing happened. I believe that he might have tried to open the lid either to put the ice cream sugar or something else. This person might have done something to trigger the opening of the cup’s lid. For instance, he says:

I usually wait until I get to work to have my second cup, but Cup of Joe has pretty good coffee, so I ordered a large regular with cream and sugar. Jody handed the cup to me with the sugar and cream packets (Lee Cavanaugh).

It is quite suggestive that due to of Cup of Joe’s tastiness of the coffee Cavanaugh could not resist the temptation of taking a gulp on the way to work.

Witness Statement’s (Dr. Cam Gentry) Reflection

A good doctor explained the situation of Cavanaugh and the degree of his burns when he was hospitalized. Apparently, he suffered the third degree of burns in different parts of his body. I feel that the doctor expresses the truth regarding Cavanaugh’s situation. I believe that the doctor has given his professional assistance regarding the procedures the patient has gone through in order to regain his skin as it was before. As an expertise in the skin burn area, the doctor has taken on account the surgeries that the patient has to go through in order to renew his skin. He came as an expert witness and not as a subpoena. He explains, “However, I am both a fact witness and an expert witness for my opinions today, so I am being paid for my expertise and experience at my usual rate in rendering my opinions for this case” (Gentry). He has only given a professional view of his patient as one who was following up his patient’s progress at the hospital and outside as well (Moneke.Org, n.d).

Witness Statement’s (Taylor Vickers) Reflection

Taylor Vickers gives argumentation from his professional view of how Cup of Joe has not been observant of the rules and regulations of food safety. He had personally received several complaints regarding burns of coffee at the restaurant before. In a twist to the explanation, he says that Cup of Joe was overheating the coffee, thus, making it unsuitable for consumption at those temperatures. After his inspection to the Cup of Joe, he confirmed that the restaurant offered coffee at temperatures as high as 189o F. This is far too dangerous for human consumption even though the customers want the food at its temperature until they reach their destination, which was unacceptable. He says, “These temperatures rendered this coffee not fit the consumption and potentially hazardous to the health of the workers and customers who handled it” (Vickers). He also confirms that according to the regulations regarding hot liquids, the recommended home temperatures for domestic water heaters is often 120o F, but the restaurants often serve their coffees at temperatures between 160o and 180o F. According to him, apparently, the injury could have been avoided had the restaurant followed the laid down guidelines regarding temperatures for the coffee they serve. He says, “Like I said, what happened to Lee Cavanaugh was a completely preventable tragedy, just like what happened to my cousin” (Vickers).

Witness Statement’s (Devon Rutledge) Reflection

Mr. Rutledge is an employee in the quality assurance section at Cup of Joe Food Corporation. While he admits that there are cases where they have compensated customers whose burns have occurred because of employee neglect, he is stern about Cavanaugh’s case pointing that there is absolutely no evidence showing any employee link in the process. He says that their customers want coffee served while hot, and they serve it above 140o F because that is the best temperature for coffee to brew. He also says that customers know too well that coffee is hot and should be handled with natural care of an adult. He says, “Our coffee is hot. The cup says so. People know it even without being told” (Rutledge). Cavanaugh knew he had to be careful with the coffee.

Witness Statement’s (Alex Frye) Reflection

He explains the standards required by the coffee association and does it as a production manager; he ensures that things have to be done according to the stipulated standards. This person says that their customers want hot coffee on their way home or to work, thus they need to be served at high temperatures such that when they reach home or office the coffee is still hot. When Frye served Cavanaugh coffee on the fateful day, he told him to be careful. I think Frye is bitter because he forewarned Cavanaugh of how the coffee was hot and should be handled with care. I believe he did what he had to do to avoid the tragedy, but perhaps landed on deaf ears.

Witness Statement (Jody Bartlett) Reflection

Jody explains the situation because he is the only witness who was with the plaintiff at the time of the burn. According to his explanation, I think, he points something toward Cavanaugh being warned and probably never heard the warning. I believe, being the driver at the time, he has even hold the cup, he confirms that the lid was tight and could not have spilled on Cavanaugh had he not opened it (ADAM , 2013)…

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