Opening+Statement

Your Honor, ladies and gentlemen of the jury, today as you know we are here to dispute the liability of the company Plane's Park and Polish in conjuction with the horrible death of Jaya Hansbra. Reilly Blaker, on a selfish quest for wealth and power, took the life of a young girl. How many stories and songs exist in our society today that provide a caveat against such actions, or conversely glorify the drive for power? Specifically, Michael Jackson's song "Don't Stop Till You Get Enough" comes to mind. Reilly seemed to embody this message to the utmost, but not in the way America loves. Reilly has never felt like he's had enough, and he never stops. No one can stop him, either- not even a girl on the crosswalk. On April 18, 2008,unauthorized by his employer, Reilly Blaker stole the company car and picked up his brother-in-law, Brody Crisdale, for a "business lunch." Reilly Blaker had spent the last few months masquerading as the owner of Plane's Park and Polish negotiating a merger with Brody's company Maintain oil change. It is interesting to note that Parker Plane, the real owner of Plane's Park and Polish, was absolutely unaware of the events that were transpiring between Reilly and his brother-in-law. Although Parker knew that Brody was interested in negotiations, he had no idea of the lengths Reilly had gone behind his back, nor had he authorized this lunch. On company time, Reilly used the forbidden company car and credit card to take Brody out at D'Luchiano's Restaurant. Having breached company rules on two counts already at this point, Reilly was not deterred. He proceeded to help drink two bottles of wine, specifically breaking his contract with Plane's Park and Polish. Having already effectively nullfied his contract with Plane's Park and Polish, Reilly continued to break the law by driving under the influence back to the Tiara Motel, during which journey he hit and killed Jaya Hansbra.

According to the legal principle of Respondeat Superior, upon which the liability of this is being decided, three particular facts must be proven. Specifically, in order to prove that Plane's Park and Polish is liable, it must be proven that the conduct of an employee is within the scope of employment if it is of three particular facets.First of all, it must be of the kind s/he is employed to perform; it occurs sustantially wihtin the authorized time and space limits; and it is actuated, at least in part, by a purpose to serve the employer. Throughout the course of this case it will become abundantly clear that these stipulations do not apply to the actions of Reilly Blaker. Reilly was clearly acting outside of the duty s/he was employed to perform as a valet, as conducting business meetings is clearly not in contract as such, and s/he went beyond the scope of his stated duties. Furthermore, as Exhibit 1 will show, he also went out of the scope of Plane's Park and Polish business by taking company cars to D'Luchiano's and the Tiara Plaza Hotel. Throughout the testimonies here today it will be shown that Reilly was decidedly acting for his own benefit, and not to serve Plane's Park and Polish.

Today we will hear from Brody Crisdale, brother-in-law of Reilly Blaker who was present for the death of Jaya, and Parker Plane, owner and manager of Plane's Park and Polish. Brody, who has known Reilly for years, is here to testify about Reilly's somewhat ambiguous character. Brody has seen Reilly's history of lying about company positions in action, has witnessed his failures to follow company codes at previous employments, and experienced first-hand Reilly taking advantage of another bystander in order to help himself.

Parker Plane, Reilly's former boss and head of Plane's Park and Polish, is here to show that his company is completely innocent in connection to the death of Jaya Hansbra. As you will hear from Parker himself, he not only was unaware of precisely what Reilly was up to, but that according to the company rules which Parker himself wrote Reilly was in no way connected to Plane's Park and Polish. Parker Plane, formerly a corporate lawyer,

Ladies and gentlement of the jury, please let me remind you that this is a civil case. In order for liability to be proven, we rely on preponderance of the evidnece, not a reasonable doubt. Imagine the scales of justice- if one side stacks the evidence so that the scale tips on their side, however slightly, that side is the victor of the case. I am here today to ask you to listen carefully to both sides of the case, and to witness first hand just how far Reilly Blaker went to get a hand in the door of success. Clearly he failed this time, but there is no knowing to when he will stop. First he took the life of Jaya, and now he is trying to take the living of Parker Plane. Just how many more forms of life will he take till he gets enough? To blame Parker Plane for Reilly's careless concern for human life is to defy the principles upon which our court system is founded- truth and the pursuit of justice. I ask that you see the right course of action and leave Plane's Park and Polish without the liability of this tragedy.

focus on witnesses focus on selfishness- revert to theme a couple times pare down body of describing events of the death of jaya reilly is responsibleeee- enunciate

I. quick rundown II. respondeat superior III. 3 points/ witnesses- background/what you hear in the direct/how to disprove respondeat superior