Looking out of clues.

q There are a number of “scene of crime” officers whom you could ask to help with the investigation into Mr. Studebaker’s death. These include photographers, fingerprint officers, and dog-handlers, a police doctor. (Students, who are witnesses, can be “scene of crime” officers now.)

q Define a main suspect. Make sure, that there is enough evidence against your suspect to make an arrest. (See “Glossary of terms” -- Evidence)

PART II

II. Bringing the case to court (see Role Play 1)

Role play 3

I. The Case

The Case

On July 10, 1985, at approximately 9 a.m., Theda Cherry and Gary McCullough were involved in a traffic accident. McCullough, on his way to a meeting with a loan officer at First American Bank, was driving east on Jefferson Avenue (a four-lane road) when his car went into a spin, swerving into Cherry's lane of traffic, striking her vehicle (a 1983 Toyota Corolla) on the front driver's side. Cherry was thrown against the steering wheel of her car. She broke her nose and complained of pain in her knees, right hip, and chest after being taken to the Baptist Memorial Hospital Emergency Room. She remained in the hospital for seven days. She was the only one injured seriously enough to be taken to the hospital.

McCullough claims that he had to slam on his brakes, which caused him to go into a spin, because a full-size car, driven by Janelle Stem, had backed out of a parking lot into his lane of traffic. Based on McCullough's allegation, Cherry filed a suit against both McCullough and Stem, claiming medical expenses, loss of earning capacity, and property damage resulting directly and proximately from the collision and negligence of both defendants.

Cherry states that she was driving west on Jefferson Avenue in the center lane. She was only driving about five mph because she was slowing down to stop at a red light that was approximately 100 feet away. Cherry claims that McCullough was traveling between fifty and sixty mph immediately prior to the accident. The posted speed limit is forty mph. Cherry didn't move into another lane because she was worried about hitting someone else. So at all times, she remained in the center westbound lane. Cherry says that she noticed no vehicles in front of McCullough and didn't see Stem's vehicle either before or after the accident.

When the accident occurred, Cherry was on her way to work at the Semmes-Murphy Clinic, where she was an X-ray technician in the radiology department. Cherry is sixty-one years old, divorced, and has two grown children living in the Memphis area. She has a history of prior medical problems, including breast can­cer, which, after a mastectomy, required breast implants, and arthritis of the spine. After the accident, reconstructive surgery was required to replace the breast im­plants, and her arthritis worsened. Cherry continued to work up until 1990 when she was required to have knee surgery. Since that date she has been unable to re­turn to work.

McCullough stated that he was driving east in the center lane on Jefferson Avenue at about fifteen to twenty-five mph, when the vehicle driven by Stem ap­peared out of nowhere in his lane of traffic. This statement was corroborated at the accident scene by an eyewitness who was walking to her car in the parking lot when the accident occurred. To avoid hitting Stem, McCullough slammed on his brakes, which caused his vehicle to go into a spin, stopping in the center west­bound lane and colliding with Cherry's vehicle. He was driving a 1985 Chevrolet Camaro.

McCullough, who is married with two children, was thirty-five years old at the time of the accident and was, and still is, employed by Federal Express in mphis, as hub supervisor (lower-level management). He suffered only minor injuries in the collision.

Stem stated that prior to backing her 1975 Lincoln Continental out onto Jef­ferson, she checked the traffic and saw McCuUough's car in the center lane. As she backed out of the pay parking lot onto Jefferson Avenue she stayed at all times in the curb lane. Her stepson, a passenger in the car, confirmed her statement at the accident scene. Stem said she saw McCullough lose control of his car and collide with Cherry. She estimates that McCullough was traveling at about forty-five to fifty mph before he lost control. According to Stem, Cherry was not "going very fast" and never left her lane of traffic.

Stem, who works for Memphis City Schools as a secretary, was forty-five years old at the time of the accident. Her stepson was fourteen. That morning she had taken time off work to take her stepson to the dentist's office for his annual checkup. She was taking him back to school when the accident occurred.

Dr. Simmons, the emergency room physician at Baptist Memorial Hospital, stated that Cherry suffered a broken nose, two fractured ribs, trauma to her ster­num, neck pain, contusion (bruising) of both knees, and a sprained right hip. He stated that the worsening of the spinal arthritis after the accident might have oc­curred even if she had not been involved in an accident. He also stated that the pain involved with degenerative arthritis, particularly with bending, twisting, or prolonged sitting, can be severe enough to cause someone to be unable to work.

Dr. Williams, Cherry's regular physician, stated that prior to the accident the preexisting arthritis, of the spine and right hip, was not causing Cherry any prob­lems. However, since the accident the arthritis has persisted and not improved. He estimates that she is 20 percent disabled. Williams also stated that Cherry's breast implants ruptured during the accident because of the force with which she hit the steering wheel and had to be replaced.

TEAMS

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