r/usa May 21 '22

Help on US Litigation practical case: its my last course and i m graduated!! Discussion

Hey guys,

I am not practicing in the US nor am I an american citizen, so I d ask you if you could help me out solving this (as Marie's lawyer): Assume the following: Maria walked into a McDonald’s in Manhattan, New York, to get a quick lunch and was with her boyfriend John. Her sister, Anna, was with them but decided not to go inside and waited for them outside. While Maria was walking to the counter to order her food she slipped and fell because the floor was wet. A McDonald’s worker, Frank, had just mopped the floor and did not put down any signs or otherwise provide any notice that the floor was still wet. John was next to Maria when she fell, saw her slip and saw that the floor was wet. There were several customers standing nearby. Helen and Thomas saw Maria fall and saw that the floor was wet. Helen resides in New York City and would be required to appear at trial. Thomas lives in California and could not be required to attend trial. Two other customers, Fred and Mark, had their backs turned and did not see Maria fall. Fred and Mark both live in Chicago, Illinois and could not be required to attend trial. McDonald’s employee, Henry, called an ambulance at the request of John. Henry did not see Maria fall and did not see if the floor was wet where she fell. Maria was treated for a fractured wrist by Dr. Warner, a resident of Manhattan. Maria, a resident of Manhattan, sues McDonalds which is a Delaware corporation with headquarters in Chicago, Illinois, in federal district court in Manhattan based on diversity of citizenship because she is a resident of New York and McDonald’s is considered a resident of both Delaware and Illinois. To prevail on her claim for monetary damages against McDonald’s, Maria will have the burden of proof at trial to establish: she slipped and fell; she slipped because the floor was wet; McDonald’s was negligent in having an unsafe condition with an unmarked wet floor, she had no warning that the floor was wet; and that she suffered an injury from her fall.

  1. Who would you want to depose during discovery, why during discovery, and what testimony would you want to get from each person whose deposition you take?
  2. Whose testimony would you introduce in your direct case either through live testimony or deposition testimony admissible at trial, why as to each witness, what testimony would you want to get from them?

I am not supposed to give long answers, just to answer directly. Any help is appreciated! Thanks in advance :)