Essay - Jury 1. in the Case of ABC Company v. Doe...

Jury

*****. In the case of ABC Company v. Doe, each side presents a detailed analysis of what occurred on the morning of the incident at hand, the causes of this incident, and how this accident could have been prevented. From a legal standpoint, it appears th***** ABC Company did take sufficient precauti*****s to warn a reasonable user ***** the risks associated with the use of their product by children, and some of these warnings ***** even been stipulated by the plaintiff as existing (the directive in the *****' manual to use care when operating near children). Especially in light of ***** legal standard in civil cases regarding the necessity of a preponder*****nce of evidence for the case to be adjudicated in favor ***** the pla*****tiff, it appears that the strengths of ABC's argument significantly outweigh those of the Does. However, the weaknesses of ABC's arguments lie in this very fact; ABC has no sympa*****tic victim or emotional pull on the jury, whereas the Doe's *****fant who was ***** victim ***** this unfortunate ***** poses a signific*****nt emotional influence on the opini***** of the jury.

The strengths of the case against ABC as presented by the ***** fall into two primary categories—***** injuries suffered by Ruth, the couple's infant daughter, and the essential stipulation by ***** that ***** "misuse" occurred in the perpetration of ***** incident which wounded Ruth so badly. Had intentional misuse been present, the Does would likely not have a case in any form regardless ***** Ruth's injuries; **********, ABC does not dispute the fact that no ***** of their ***** ***** in this *****. One primary weakness of the ********** argument is the discrepancy ***** Mr. Doe's recollection ***** the incident; although he asserts now that he observed ***** accident in per*****n, statements given at the time of ***** incident indicate that he ***** in the bathroom at ***** time ***** the accident and only subsequently entered ***** kitchen to observe the injuries suffered by Ruth.

The strengths of ABC Comp*****'s case, conversely, are extremely solid from a leg*****l *****. The company will assert its nearly spotless record with regard ***** the literally millions of coffeemakers it has produced over a twenty-year history of such products. Of ***** ***** ***** *****, only five ********** similar to this one have been reported. Additionally, expert witnesses for the defendant will explain the physical design of ***** coffeemakers as well ***** the viability of the container's center of gravity. Such experts present a compelling defense of ***** design of the c*****feem*****kers, which is a primary fault claimed by the plaintiffs. The legal *****s regarding defective products do not cover m*****used products; ***** defendants assert ***** *****. Doe ***** not properly secure the lid in the first place and that his permission for a nine-ye*****r-old ***** operate the coffeemaker both constitute a misuse of ***** product. In f*****ct, Mr. ***** himself has stipulated ***** he did not read the safety manual, which stated that c***** should be taken ***** the