2010 MOCK TRIAL CASE (Middle School)

2010 MOCK TRIAL CASE (Middle School)

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2010 Mock Trial Case: ____________________________________________________________________________________________________________________________________________________________________________________________________________________________

Introduction........................................................................................................................... 62 Pleadings __________________________________________________________ Stipulations.................................................................................................................... 64 Complaint ...................................................................................................................... 65

Answer .......................................................................................................................... 69 SC Requests to Charge (Civil) ...................................................................................... 72 Jury Charges 2010........................................................................................................ 78 Jury Verdict Form.......................................................................................................... 81 Witnesses and Affidavits _____________________________________________ Witness Listing .............................................................................................................. 82 Affidavit, Garrett Rutledge............................................................................................. 83 Affidavit, Dr. Perry Chandler ......................................................................................... 87 Affidavit, Drew Cooper .................................................................................................. 90 Affidavit, Frankie Taylor ................................................................................................ 94 Affidavit, Charlie Anderson............................................................................................ 97 Affidavit, Carson Hunnicutt.......................................................................................... 100

Exhibits____________________________________________________________ Exhibits Listing ............................................................................................................ 103 Exhibit #1, Tom Foster’s Emergency Room Report ................................................. 104 Exhibit #2, Kathy Morgan’s Emergency Room Report ............................................. 105 Exhibit #3, Jumbo Amusement Park Diagram – October 31, 2008 .......................... 106 Exhibit #4, CCI, Inc. – Guard Report Shift Log ......................................................... 107 Exhibit #5, Drew Cooper’s Employment Record....................................................... 108 Exhibit #6, Demolition Extension Request................................................................ 109 Exhibit #7, Weather, Moon and Tide Forecast ......................................................... 110 Exhibit #8, Flyer Promoting “Roller Coaster Ghost”.................................................. 111

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INTRODUCTION

For decades, millions of vacationers have flocked to an out-of-the-way place on the

coast of South Carolina known as Myrtle Beach, popularly known as the “Grand Strand.”

Like other places along the winding coast of the Atlantic Ocean, Myrtle Beach has its

stories. Stories of pirates, sunken ships, drowned merchants, and others including ill-fated

women and children haunting the beach lend an air of mystery that simultaneously brings

both fear and attraction.

During the post-World War II period of prosperity, Myrtle Beach was beginning to

grow. Civic leaders realized that after the war, people would have more time and money for

vacationing, so it seemed their best opportunity would come from developing the area as a

tourist town.

Of course, a tourist town would be nothing without attractions for children and young

people. One of the first businesses to take advantage of the vacation potential on the Grand

Strand was the amusement park opened by Ronnie Taylor. His “Jumbo Amusement Park”

was state of the art when it opened in 1946. The crowning glory of the park was The Flying

Tiger. It was the largest wooden roller coaster in the country at the time, towering to 90 feet

at the top of the tallest drop.

Thousands of people came - many to ride this fabled roller coaster. Among these

visitors was a young couple, Drew and Ashley Cooper. Drew and Ashley were married in

October 1976 and went to Myrtle Beach for their honeymoon. While they were at Myrtle

Beach, they visited the Jumbo Amusement Park. Although scared of roller coasters, Ashley

gave into cajoling and braved The Flying Tiger. Something went horribly wrong during the

ride and Ashley was thrown from the roller coaster. Ashley plummeted to the ground and

died.

Drew never left Myrtle Beach after Ashley’s death. In the weeks and months that

followed, Drew was unable to deal with the sorrow of returning to the place they wanted to

make their home, so Drew stayed in Myrtle Beach. October 31, 1977, the anniversary of

Ashley’s death, was a solemn day. Drew spent the day wandering aimlessly up and down

the golden beach. Late that night, however, Drew felt an urge to visit the park even though it

was closed. Drew arrived at the spot where Ashley had fallen. In what seemed like a surreal

moment, Drew looked up at the roller coaster. At the top of the roller coaster, Drew saw

Ashley. Drew heard Ashley say, “I love you. Stay with me always.” And then Ashley was

gone. Trying to make sense of the moment, Drew climbed to the spot where Ashley

appeared, but there was no one there.

Drew took Ashley’s words to heart. The following day, Drew applied for a job at

the Jumbo Amusement Park. Drew worked at the park for many years first in the snack

shop and eventually as a security guard. Legends and stories often have lives of their

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own. And this one continued to grow because Drew never missed the opportunity to tell

locals and visitors alike of the visions of Ashley. At midnight every Halloween, Drew

would wait for Ashley at that same place at the park.

As years passed, generations came and went. The quiet, gentle beach Drew had

come to know had turned into a fast-paced tourist attraction. As new people and

attractions moved into the beach, things began to change. Ronnie Taylor owned the

park for fifty-five years until his death in 2001. In the mid1990s as Ronnie’s health

deteriorated, he turned the park management over to his only child, Frankie Taylor.

Frankie tried various ways to stir interest in the park, but with little success. The public’s

tastes moved away from the ocean front toward Broadway at the Beach. Faced with

stiff competition and falling revenues, Frankie decided that the 2007 tourist season

would be the park’s last. Jumbo Amusement Park closed on October 31, 2007.

A demolition crew was contracted to dismantle the park so that the oceanfront land

could be developed. The dismantling of the park was scheduled to take about twelve

months as Frankie tried to sell as much of the equipment as possible to other businesses.

The Flying Tiger would be the last of the rides to be dismantled.

Sometime around midnight October 31, 2008, a teenager named Tom Foster died.

His mother is now suing Jumbo Amusement Park, claiming that Tom’s death resulted from a

fall from The Flying Tiger roller coaster. Ms. Foster alleges that Jumbo Amusement Park

owner, Frankie Taylor, knew of the practice of local high school students sneaking into the

park to walk the roller coaster in an attempt to see “Ashley’s Ghost” and had failed to

adequately secure the facility.

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The introduction is background material for informational purposes only.

It is not to be considered part of the case materials.

***************

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PLEADINGS

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STIPULATIONS

1. All exhibits included in the case materials are authentic and accurate in all respects; no

objection to the authenticity of these exhibits will be entertained. Unless stated otherwise

herein, the admissibility of the exhibits on other grounds may be challenged.

2. The signatures on the witness statements and exhibits are authentic.

3. For purposes of the mock trial competition, the only issue before the court is liability and

defenses to liability.

4. The charge of the court is accurate in all respects; no objections to the charge will be

entertained.

5. The emergency room reports are those of the persons whose names appear thereon

and are records of regularly-conducted business activity made at or near the time the

matters recorded occurred by people with personal knowledge, or from information

submitted by people with such knowledge, of the matters recorded.

COMPLAINT (A complaint is the document that a plaintiff files with the court to start a lawsuit.

It contains the plaintiff’s version of the facts of the case. A plaintiff must prove these facts in the case. It is up to the jury to decide the facts.)

AND

ANSWER

(An answer is the document that a defendant files in response to the complaint. The defendant must address each of the points in the complaint

and give his/her version of the facts.)

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STATE OF SOUTH CAROLINA ) IN THE COURT OF COMMON PLEAS COUNTY OF HORRY ) FIFTEENTH JUDICIAL CIRCUIT )

MARY FOSTER )

(as Personal Representative of the )

Estate of Tom Foster), ) )

Plaintiff, ) Civil Action No. 2010–CP–15-1031 vs. ) )

Frankie Taylor, )

Individually and )

d/b/a Jumbo Amusement Park, ) COMPLAINT )

Defendant. ) JURY TRIAL DEMANDED )

The Plaintiff, Mary Foster, as the Personal Representative of the Estate of Tom Foster,

complaining of the above-referenced Defendant would show and allege to this Honorable Court as

follows:

1. Plaintiff Mary Foster is the mother and duly qualified, appointed, and acting personal

representative of the Estate of Tom Foster, (hereinafter “Decedent”).

2. Decedent was a resident of Horry County, South Carolina.

3. Upon information and belief, Defendant Frankie Taylor is a resident of Horry County and

is the owner of and doing business as Jumbo Amusement Park, which is located in Horry County,

South Carolina.

4. Upon information and belief, Jumbo Amusement Park is a business licensed and

operating under the laws of the State of South Carolina, which Jumbo Amusement Park was opened

on or around 1946.

5. Upon information and belief, Defendant Frankie Taylor became the sole owner of Jumbo

Amusement Park in 2001 and scheduled to close the park in October 31, 2007.

6. Jumbo Amusement Park had or has various rides and attractions, including a large,

wooden roller coaster called The Flying Tiger.

7. That prior to October 31, 2007, on numerous occasions, the Defendant had knowledge

of teenagers entering Jumbo Amusement Park and climbing the roller coaster known as The Flying

Tiger.

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8. Defendant did nothing to prevent teenagers from entering Jumbo Amusement Park

after hours and Defendant impliedly acquiesced to their presence in the park.

9. That Decedent entered Jumbo Amusement Park on the night of October 31, 2008, and

climbed The Flying Tiger. Decedent then fell and sustained injuries that resulted in Decedent’s death.

FOR A FIRST CAUSE OF ACTION (Negligence)

10. Plaintiff realleges and incorporates herein each and every allegation contained in

paragraphs one through nine.

11. Defendant had a duty to protect the persons on the Jumbo Amusement Park property

from injury.

12. Defendant breached its duty and was negligent, grossly negligent, and careless in at

least one or more of the following particulars:

a. In failing to properly secure the amusement park;

b. In failing to maintain a sufficient and adequate fence around the amusement

park;

c. In removing the safety rails and safety netting from the roller coaster;

d. In removing the lighting from the park;

e. In failing to properly supervise the amusement park;

f. In failing to permanently dismantle the roller coaster in a safe and timely

manner; and

g. In failing to warn persons at the amusement park of the hidden dangers in the

park.

13. The negligence and carelessness on the part of the Defendant was the sole, direct,

actual, and proximate cause of the Decedent’s death.

FOR A SECOND CAUSE OF ACTION (Wrongful Death)

14. Plaintiff specifically realleges and incorporates herein each and every allegation

contained in paragraphs one through thirteen.

15. Defendant was aware that persons had been entering Jumbo Amusement Park for

more than twenty (20) years.

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16. Defendant impliedly allowed persons to enter the amusement park at times other than

during regular business hours.

17. Defendant was required to protect all persons entering the property from harm,

especially from harm including death.

18. Defendant breached its duty, which lead to the untimely death of Decedent.

19. By reason of the Decedent’s untimely death, the Plaintiff, by and through Plaintiff’s

mother and Personal Representative, Mary Foster, has been deprived of all benefits of society and

companionship and has been caused great mental shock and suffering. Plaintiff has suffered, and

will continue to suffer, damages that are natural and proximate consequence of the wrongful act of

Defendant, including (1) pecuniary loss, (2) mental shock and suffering, (3) wounded feelings, (4)

grief and sorrow, (5) loss of companionship, and (6) deprivation of use and comfort of Decedent’s

society including the loss of experience, knowledge, and judgment in managing Decedent’s affairs

and Decedent’s beneficiaries.

20. Plaintiff is further informed and believed that because of the Defendant’s grossly

negligent and willful conduct, she is also entitled to a judgment for punitive damages in an amount to

be determined by the jury in accordance with the law and evidence in this case.

FOR A THIRD CAUSE OF ACTION (Survival Action)

21. The Plaintiff specifically realleges and incorporates herein each and every allegation

contained in paragraphs one through twenty.

22. As a result of the negligence of the Defendant, the Decedent, while he lived, suffered

the following injuries and damages including pain; suffering; loss of enjoyment of life; mental anguish

and emotional distress; impairment of health; and exquisite anguish at the knowledge of impending

death.

23. Plaintiff is informed and believes that Decedent is entitled to a judgment against the

Defendant adequate to compensate Decedent and Decedent’s estate for the actual losses and pain

and suffering Decedent sustained after Decedent’s fall and up to Decedent’s untimely death.

Furthermore, Plaintiff is informed and believes that Defendant’s conduct was willful and wanton and

entitles Decedent to such punitive damages a jury may deem appropriate.

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WHEREFORE, Plaintiff demands judgment against Defendant for such actual and

punitive damages in an amount as determined by the jury, and for such other and further relief as this

Honorable Court deems just and proper.

Attorney for the Plaintiff Myrtle Beach, SC May 25, 2009

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MARY FOSTER )




Frankie Taylor, )

Individually and )

d/b/a Jumbo Amusement Park, ) ANSWER )

Defendant. ) JURY TRIAL DEMANDED )

The Defendant above named answers the Complaint of Plaintiff by denying each and

every allegation not hereafter admitted, and demanding strict proof thereof, and further

responds as follows:

FOR A FIRST DEFENSE

1. Upon information and belief, admit the allegations of Paragraph 1.

2. Lacks sufficient knowledge or information to admit or deny the allegations of

Paragraph 2 and, therefore, denies the same.

3. Admits the allegations of paragraph 3.




7. Denies the allegations of paragraph 7.


9. Denies the allegations of paragraph 9, and demands strict proof thereof.

10. In response to paragraph 10, Defendant realleges its responses in paragraphs

one through nine above.

11. Defendant denies the allegations of paragraph 11 as stated.

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12. Denies the allegations of paragraph 12, including sub-parts “a” through “g.”



one through thirteen above.








one through twenty above.



24. Denies that Plaintiff is entitled to the requested relief contained in the

unnumbered “Wherefore” paragraph.

FOR A SECOND DEFENSE (Sole negligence of Plaintiff)

25. Further answering the Complaint, the Defendant would allege that any injuries or

damages sustained by the Plaintiff were due to and solely occasioned by the negligence of the

Plaintiff’s Decedent, and Defendant pleads the sole negligence and sole recklessness of the Plaintiff’s

Decedent as a complete bar to this action.

FOR A THIRD DEFENSE (Comparative Negligence—More than 50%)

26. Further answering the Complaint, the Defendant alleges that any injury and damage

sustained by the Plaintiff was caused by the negligence or willfulness of the Plaintiff’s Decedent,

combining, concurring, and contributing with the negligence or willfulness, if any, on the part of the

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Defendant. Because the Plaintiff’s Decedent’s negligence or willfulness is greater than the alleged

negligence or willfulness of the Defendant, the Plaintiff is barred from recovery against the Defendant.

FOR A FOURTH DEFENSE (Comparative Negligence—More than 50%)

27. Further answering the Complaint, the Defendant alleges any injuries and damages

sustained by the Plaintiff were caused by the negligence or willfulness of the Plaintiff’s Decedent,

combining, concurring and contributing with the negligence or willfulness, if any, on the part of the

Defendant. Therefore, the Court should reduce any recovery awarded to the Plaintiff for the alleged

injuries and damage based upon the percentage of negligence or willfulness attributed to the

Plaintiff’s Decedent.

FOR A FIFTH DEFENSE (Assumption of the Risk)

28. The Defendant would show that the Plaintiff’s Decedent assumed the risk of his

ultimate injury and death by attempting to climb and/or stand on a roller coaster when it was or should

have been readily apparent to the Decedent that such activity would likely result in significant injury to

him. The Defendant, therefore, assumed more than fifty percent responsibility for his injuries. The

Defendant would further show that the risk of this injury should have been readily apparent to the

Decedent and that despite the apparent risk, the Decedent voluntarily chose to place himself in a

position of potential danger, and the Defendant therefore pleads the Decedent’s assumption of the

risk as a complete bar to Plaintiff’s recovery.

WHEREFORE, having fully answered the Plaintiff’s Complaint, this Defendant prays that the

Complaint be dismissed with costs awarded to the Defendant and for such other and further relief as

the Court may deem just and proper.

The Defendant demands a jury trial.

Attorney for the Defendant Myrtle Beach, SC June 30, 2009

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SC REQUESTS TO CHARGE (CIVIL) PREMISES LIABILITY DISCUSSION

§ 31-1 Premises Liability – Elements

This is an action in which the plaintiff alleges or claims that he has suffered injuries to his person for which the defendant is responsible in damages.

In order to recover in a premises liability case, the plaintiff must prove:

(1) A duty of care owed by the defendant to the plaintiff;

(2) Defendant's breach of that duty by a negligent and/or reckless act or omission;

(3) Defendant's breach was the actual and proximate cause of the plaintiff's injury; and

(4) Plaintiff suffered an injury or damages.

The first element in a cause of action for premises liability is the existence of a legal duty of care owed by the defendant to the plaintiff. In a premises liability action, the duty owed is determined by the status of the plaintiff. That is, the duty of the owner or occupier toward a person to maintain his land in a certain condition depends upon the person's status. South Carolina recognizes four general classifications of persons who come on premises: adult trespassers, invitees, licensees, and children. Different standards of care apply depending on whether the visitor is considered an "invitee," i.e., an invited (express or implied) business guest; a "licensee," i.e., a person not invited, but whose presence is suffered; a "trespasser," i.e., a person whose presence is neither invited nor suffered; or a child.

Second, the plaintiff must prove the defendant's breach of duty by a negligent and/or reckless act or omission. Breach of duty is an essential element of a cause of action for premises liability. A breach of duty exists when it is foreseeable that conduct may likely injure a person to whom a duty is owed. For a plaintiff to recover for injuries caused by a dangerous or defective condition on the defendant's premises, the plaintiff must show either:

(1) the injury was caused by a specific act of the defendant which created the condition;

(2) the defendant had actual knowledge of the condition and failed to remedy it; or

(3) the defendant had constructive knowledge of the condition and failed to remedy it.

Third, the plaintiff must show defendant's breach was the actual and proximate cause of the plaintiff's injury.

Finally, the plaintiff must prove he suffered an injury or damages.

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§ 31-2 Premises Liability - Invitee Defined - In General

An invitee is a person who enters upon the premises of another at the express or implied invitation of the owner or occupier of the property. Invitees are limited to those persons who enter or remain on land upon an invitation which carries with it an implied representation, assurance, or understanding that reasonable care has been used to prepare the premises, and make them safe for their reception. The visitor is considered an invitee especially when he is upon a matter of mutual interest or advantage to the owner or occupier.

Phrased somewhat differently, it may be said that a person is an invitee on the land of another if he enters by express or implied invitation, his entry is connected with the business of the owner or occupier, or with an activity the owner or occupier conducts or permits to be conducted on his land, and there is a mutuality of benefit or a benefit to the owner or occupier. An invitee enters the premises with the implied assurance of preparation and reasonable care for his protection and safety while he is there.

Invitees include patrons of stores, patients in a physician's office, persons visiting a filling station to use the restroom or vending machine or to ask directions, and workmen invited to work on the premises.

§ 31-5 Premises Liability - Duty Owed to Invitee - In General

In premises liability cases, the invitee is offered the utmost duty of care by the owner or occupier of the premises. The owner or occupier of the property owes to an invitee or business visitor the duty of exercising reasonable or ordinary care for his safety, and is liable for injuries resulting from the breach of this duty. It is the duty of the owner or occupier to use reasonable care to prevent an invitee from suffering bodily injury.

The owner or occupier has a duty to warn an invitee only of latent or hidden dangers of which the owner or occupier has knowledge or should have knowledge. That is to say, the defendant must warn an invitee of any unsafe conditions of which the defendant knew or should have known, and of which the invitee was reasonably unaware. The owner or occupier owes a duty to have his premises in a reasonably safe condition and to give warning of latent or concealed perils.

§ 31-11 Premises Liability - Licensee Defined

A licensee is a person who is privileged to enter or remain upon land by virtue of the possessor's consent. When a licensee enters onto the property of another, the primary benefit is to the licensee, not the owner or occupier of the property. In other words, a licensee is one who has consent or a privilege to enter the premises but does so for his own purpose, rather than for the benefit of the owner or occupier of the land.

A licensee is a person whose presence is tolerated, a person not necessarily invited on the premises, but one who is privileged to enter or remain on the premises only by the express or implied consent of the owner or occupier. A licensee has also been defined as one who enters upon the land of another at the mere sufferance of the owner or occupier with the primary benefit being to the licensee.

The most common example of a licensee is the social guest. Another example of a licensee is a person given implied consent to cross the premises for his own benefit. An injured person has been held to be a licensee where he entered premises to seek a favor, to

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make inquiries or ask directions, to do volunteer work, to use recreational facilities without asking specific permission, to recover an item of personal property left on the premises, to obtain some article of value given to the licensee by the occupant, or while chasing his dog.

§ 31-12 Premises Liability - Duty Owed to Licensee

The possessor of property is under no obligation to exercise care to make the premises safe for a licensee's reception, and is under no duty toward the licensee except:

(a) To use reasonable care to discover him and avoid injury to him in carrying on activities upon the land.

(b) To use reasonable care to warn him of any concealed dangerous conditions or activities which are known to the possessor, or of any change in the condition of the premises which may be dangerous to him, and which he may reasonably be expected to discover.

In other words, the owner or occupier of land owes a licensee a duty to use reasonable care to discover the licensee, to conduct activities on the land so as not to harm the licensee, and to warn the licensee of any concealed dangerous conditions or activities. A licensee cannot recover for an injury caused by known dangers or risks inherent to a place.

§ 31-13 Premises Liability - Duty Owed to Adult Trespassers

An adult trespasser is a person who enters or remains upon the land of another without that person's permission or a legal privilege. A trespasser is a person whose presence is neither invited nor suffered. A trespasser has been defined as one who enters upon property of another without any right, lawful authority, or express or implied invitation, permission, or license, not in performance of any duties to the owner or occupier, but merely for his own purpose, pleasure or convenience. If found to be a trespasser, that person will be owed a very limited duty by the owner or occupier of the premises.

The plaintiff will be deemed a trespasser and afforded the corresponding standard of care if you find that he either entered or remained upon the defendant's property without the permission of the defendant or without a legal privilege.

The owner of property or the person in lawful possession thereof owes no duty to a trespasser thereon except to do him no willful or wanton injury. Additionally, the possessor of property must refrain from intentionally injuring the trespasser.

The owner or occupier of property does not owe to a trespasser the duty of having his land in a safe condition for a trespasser to enter upon. The trespasser has ordinarily no remedy for harm happening to him from the nature of the property upon which he intrudes. He takes upon himself the risks of the condition of the land.

§ 31-14 Premises Liability - When Trespasser Becomes a Licensee

If the owner or possessor consents or acquiesces in constant trespasses, an implicit invitation requiring such care as is individually owed to a licensee may be found.

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§ 31-15 Premises Liability - Duty Owed to Children

Children are afforded greater protection of the law because of their tendency to react to childish impulses and thus fail to exercise that degree of care for themselves which is required of an adult. Children generally are entitled to care proportioned to their inability to foresee and avoid the perils they may encounter, as well as to the superior knowledge of persons who come into contact with them. The duty to avoid doing them an injury increases with their inability to protect themselves, and with their childish indiscretions, instincts and impulses.

If the child is an invitee, the same duty exists toward the child as to adult invitees. However, an owner or occupier of property may owe a heightened duty to children beyond that owed to adult trespassers or licensees where a dangerous instrumentality is involved. The duty owed to a child may be somewhat higher depending on the child's physical capacity, age, education, and experience. A possessor of land has a duty, beyond that owed to an adult, to children, whether trespassers or licensees, under two circumstances:

(1) where the owner or occupier brings or artificially creates something thereon which from its nature is especially attractive to children, and which at the same time is dangerous to them, he is bound, in the exercise of social duty and ordinary offices of humanity, to take reasonable pains to see that such dangerous things are so guarded that children will not be injured by coming in contact with them;

(2) although the dangerous thing may not be what is termed an "attractive nuisance"–that is to say, may not have special attraction for children by reason of their childish instincts–yet, where it is so left exposed that they are likely to come in contact with it, and where their coming in contact with it is obviously dangerous to them, the person so exposing the dangerous thing should reasonably anticipate the injury that is likely to happen to them, from its being so exposed, and is bound to take reasonable pains to guard it, so as to prevent injury to them.

Even a dangerous condition may not create liability when it is a natural condition of the land.

Wrongful Death

§ 15-51-10. Civil Action for Wrongful Act Causing Death

Whenever the death of a person shall be caused by the wrongful act, neglect or default of another and the act, neglect or default is such as would, if death had not ensued, have entitled the party injured to maintain an action and recover damages in respect thereof, the person who would have been liable, if death had not ensued, shall be liable to an action for damages, notwithstanding the death of the person injured, although the death shall have been caused under such circumstances as make the killing in law a felony. In the event of the death of the wrongdoer, such cause of action shall survive against his personal representative.

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§ 15-51-20 Beneficiaries of Action for Wrongful Death; By Whom Brought

Every such action shall be for the benefit of the wife or husband and child or children of the person whose death shall have been so caused, and, if there be no such wife, husband, child or children, then for the benefit of the parent or parents, and if there be none such, then for the benefit of the heirs of the person whose death shall have been so caused. Every such action shall be brought by or in the name of the executor or administrator of such person.

§ 15-51-40 Damages; Amount and to Whom Payable

In every such action the jury may give damages, including exemplary damages when the wrongful act, neglect, or default was the result of recklessness, willfulness, or malice, as they may think proportioned to the injury resulting from the death to the parties respectively for whom and for whose benefit such action shall be brought. The amount so recovered shall be divided among the before-mentioned parties in those shares as they would have been entitled to if the deceased had died intestate and the amount recovered had been personal assets of his or her estate. However, upon motion by either parent or any other party of potential interest based upon the decedent having died intestate, the probate court may deny or limit either or both parent's entitlement for a share of the proceeds if the court determines, by a preponderance of the evidence, that the parent or parents failed to reasonably provide support for the decedent as defined in Section 63-5-20 and did not otherwise provide for the needs of the decedent during his or her minority.

§ 15-51-50 Liability for Costs

The executor or administrator, plaintiff in the action, shall be liable to costs in case there be a verdict for the defendant or nonsuit or discontinuance, out of the goods, chattels and lands of the testator or intestate, if any.

§ 15-51-60 Effect of Action Prior to Death

The provisions of this article shall not apply to any case in which the person injured has, for such injury, brought action, which has proceeded to trial and final judgment before his or her death.

Selected Case Law Except

In a wrongful death case, the question of damages is not directed toward the value of the human life that was lost, but rather the damages sustained by the beneficiaries as a result of the death. The general elements of damages recoverable are: (1) pecuniary loss, (2) mental shock and suffering, (3) wounded feelings, (4) grief and sorrow, (5) loss of companionship, and (6) deprivation of the use and comfort of the decedent’s society, including the loss of his or her experience, knowledge, and judgments in managing his or her affairs and the affairs of his or her beneficiaries. Self v. Goodrich, 300 S.C. 349, 397 S.E. 2d 713 (S.C. App. 1989).

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Defenses

Now, the Defendant raises a defense called comparative negligence. In other words, the Defendant contends that even if s/he was negligent, the Plaintiff was also negligent himself or herself and that the Plaintiff’s negligence contributed to the Plaintiff’s own injury. This is an affirmative defense and requires the Defendant to prove that the Plaintiff was also negligent and that such negligence was a proximate cause of the Plaintiff’s injury.

Even if you find that the Plaintiff was contributory or comparatively negligent in this case, the Plaintiff can still recover as long as the Plaintiff’s negligence was either equal to or less than that of the Defendant. In that case the amount of the Plaintiff’s recovery would be reduced in proportion to the amount of the Plaintiff’s negligence. But if you find that the Plaintiff’s negligence was greater than that of the Defendant, then the Plaintiff cannot recover and you would find for the Defendant.

It is easiest to reduce all of this to percentages. I will furnish you with a special verdict from this purpose. In completing this form, if you were to find, by way of example, that the Plaintiff was 10% responsible for his/her own injuries, then you would fill that percentage on the special verdict form. The Plaintiff’s damages would be reduced by 10%. Of course, the figure 10% is not suggestive of anything, but only an example. You might find a percentage anywhere between 0% and 100%.

If you were to find both Plaintiff and Defendant equally negligent, or 50% each, then the Plaintiff would still recover, but the Plaintiff’s damages would be reduced by one-half. But if the Plaintiff’s negligence is more than 50%, then your verdict would be for the Defendant.

I have read a number of instructions to you. The fact that some particular point may be covered in the instructions more than some other point should not be regarded as meaning that I intended to emphasize that point. You should consider these instructions as a whole, and you should not choose any one or more instructions and disregard the others. You must follow all the instructions that I have given you.

Nothing I have said since the trial began should be taken as an opinion about the outcome of the case. You should understand that no favoritism or partisan meaning was intended in any ruling I made during the trial or by these instructions. Further, you must not view these instructions as an opinion about the facts. You are the judges of the facts, not me.

How you conduct your deliberations is up to you. Your verdict must be unanimous. Each of you should decide the case for yourself, but only after impartially considering the evidence with your fellow jurors. Now, your verdict in this case should do one thing. It should speak the truth of this controversy. You have no friends to reward or enemies to punish. You should conscientiously adhere to your oath, take the law as I have given it to you, examine these facts as you see them to be and the documents that you will have with you, and reach a decision which speaks the truth. No one will then have any right to criticize your verdict if you conscientiously apply your oath.

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JURY CHARGES 2010

I remind you that, during this trial, you and I have certain duties to perform. As the

trial judge, it is my responsibility to preside over the trial of this case. I also have the duty to rule on the admissibility of the evidence offered during this trial. You are to consider only the evidence before you. If there was any testimony ordered stricken from the record during this trial, you must disregard that testimony. You are to consider only the testimony that has been presented from this witness stand, any exhibits that have been made a part of the record in this case, and any stipulations of counsel.

I have the additional duty to charge you the law applicable to this case. It is your duty as jurors to accept and apply the law as I now state it to you. If you think you have any idea as to what the law is or what the law ought to be and it does not agree with what I tell you the law is, you must forget that idea because you are sworn to accept the law and apply the law exactly as I state it to you.

In every case tried in this court before a jury, the jury becomes the sole and exclusive judge of the facts. A trial judge cannot comment on or make any statement about the facts in a case. Since you are the sole judges of the facts, do not think by anything I have said during the trial that I have any opinion about the facts in this case. The law does not allow me to have an opinion about the facts.

Preponderance of the Evidence

The burden of proof in this case is by a preponderance of the evidence. A preponderance of the evidence simply means the greater weight of the evidence. It is evidence that, as a whole, shows that the fact sought to be proved is more likely true than not true.

This can be illustrated by imagining a set of scales. When the case begins, the scales are even. After all of the evidence has been presented, if the scales remain even or if they tip even slightly in favor of the Defendant, then the Plaintiff has failed to meet the burden of proof and would not be entitled to recover in this case. If, on the other hand, the scales tip even slightly in favor of the Plaintiff, the Plaintiff will have met the burden of proof and you should return a verdict for the Plaintiff.

The preponderance of the evidence is not determined by the number of witnesses. Instead, it must be determined by the greater weight of all of the evidence.

There are two types of evidence generally presented during a trial - direct evidence and circumstantial evidence.

Direct evidence is the testimony of a person who claims to have actual knowledge of a fact, such as an eyewitness. It is evidence which immediately establishes the main fact to be proved.

Circumstantial evidence is proof of a chain of facts and circumstances indicating the existence of a fact. It is evidence that immediately establishes collateral facts from which the main fact may be inferred. Circumstantial evidence is based on inference and not on personal knowledge or observation. It is proof that does not actually establish the fact in question, but that asserts or describes something else from which you may either reasonably infer the truth of the fact or at least reasonably infer an increase in the probability

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that the fact is true. For circumstantial evidence to be sufficient to warrant the finding of a fact, the circumstances must lead to that fact with reasonable certainty. The facts and circumstances should be considered in light of ordinary experience and common sense. The existence of a fact cannot be based on speculation, surmise, or conjecture.

The law makes absolutely no distinction between the weight or value to be given to either direct or circumstantial evidence. Nor is a greater degree of certainty required of circumstantial evidence than of direct evidence.

Credibility of Witnesses

Necessarily, you must determine the credibility of witnesses who have testified in this case. Credibility simply means believability. It becomes your duty as jurors to evaluate the evidence and determine which evidence convinces you it is true.

In determining the believability of witnesses who have testified in this case, you may believe one witness over several witnesses or several witnesses over one witness. You may believe a part of the testimony of a witness and reject the remaining part of the testimony of that same witness. You may believe the testimony of a witness in its entirety or reject the testimony of a witness in its entirety. You may consider whether the witness has an interest in the result of the trial, whether the witness is prejudiced toward either the Plaintiff or the Defendant, the opportunity for the witness to have seen the matters and things about which the witness testifies, and the way the witness acts on the witness stand.

Allegations in the Complaint

In this case, Mary Foster, in her capacity as the Personal Representative for her son, is suing for damages that were suffered as a result of Tom Foster’s death. Foster alleges that Tom’s death was caused by the negligence of Frankie Taylor individually and d/b/a Jumbo Amusement Park. Taylor has denied liability. And you, the jury, have heard the testimony regarding the defense.

To state a cause of action in negligence, the law requires a Plaintiff to set out in his or her complaint three essential claims. These essential claims are: (1) that the Defendant was negligent (and reckless, willful or wanton) in one or more of the ways stated in the complaint; (2) that the Plaintiff was personally injured or damaged; and (3) that the negligence of the Defendant was the proximate cause of the Plaintiff’s decedent’s injuries. The Plaintiff has alleged these three claims and each has been denied by the Defendant.

Negligence means that a person did not use the same amount of care that a person of ordinary reason and prudence would exercise in the same circumstances. The word “careless” means the same thing. It can be said that a negligent person has done something that a reasonable person would not have done, if faced with the same situation; or, on the other hand, that he has failed to do something that a reasonable person would have done – or both. That standard is your guide. The mere fact that an accident occurred is not enough to establish negligence.

To recover in this case, the Plaintiff must prove that the Defendant was negligent in at least one of the ways stated in the complaint. The Plaintiff does not have to prove them all, but if you find that Plaintiff has not proved at least one act of negligence, then your verdict must for the Defendant.

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Generally, a business owner owes a duty to the public that its premises are kept in a reasonably safe condition. The owner of the premises may relieve itself of liability even though a person may be injured on the premises, by taking reasonable steps to make the area safe. An owner is responsible for injuries that are caused by defects or conditions or that could have been discovered by reasonably prudent inspections.

Under the law, an owner is not an insurer of the safety of an invitee. Mere ownership does not make one liable for injuries sustained by persons who have entered on land. The liability for unintentional injuries must be based on negligence; and the law does not presume that the owner was negligent merely because a person was injured while on the premises.

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MARY FOSTER )




Frankie Taylor, )

Individually and )

d/b/a Jumbo Amusement Park, ) ) JURY VERDICT FORM

Defendant. ) )

1. Do you find that Tom Foster was injured at Jumbo Amusement Park on October 31, 2008?

Yes No

If you answered no, return to the Courtroom. If you answered yes, proceed to Question 2.

1. Do you find that Defendant acted negligently proximately causing the October 31, 2008 accident to Decedent Foster?

Yes No

If you answer no, return to the Courtroom. I If you answered yes, proceed to Question 3.

2. Do you find that Tom Foster acted negligently proximately causing the October 31, 2008 accident? Yes No

Answer Question 4 only if you answered both Questions 2 and 3 yes.

3. Percentage of fault of Plaintiff:

Percentage of fault of Defendant’s Decedent:

Total Percentage: (must equal 100%)

Foreperson

WITNESSES and

AFFIDAVITS

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WITNESS LISTING

PLAINTIFF

Garrett Rutledge Riley High School Student / Witness

Dr. Perry Chandler Emergency Room Physician

Drew Cooper Former Jumbo Amusement Park Employee

DEFENSE

Frankie Taylor Defendant

Charlie Anderson Security Guard

Carson Hunnicutt Riley High School Student

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MARY FOSTER )




Frankie Taylor, )

Individually and )

d/b/a Jumbo Amusement Park, ) GARRETT RUTLEDGE )

Defendant. ) )

Personally appeared before me, Garrett Rutledge, who, being duly sworn, states as follows:

1. My name is Garrett Rutledge. I am 19 years old and I graduated from Riley High

School in 2009. Tom became my best friend when he transferred to Riley High my junior

year. I never had many friends before Tom came to our school. He was always doing

something wild and crazy, and everyone loved him. When he started hanging around with

me, I suddenly was popular too. He was really cool.

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2. Tom was a great guitar player. In fact, he started a new band called The Outcasts,

and I was in it. He was able to get Ted Pearce to join our band. Ted was the drummer for

Carson’s band but said he had rather play with us because Tom was a better player and

more fun to be around. Ted even complained that Carson would never listen to anybody’s

suggestions. It always had to be Carson’s way or no way at all.

3. As a matter of fact, Tom had just gotten us a gig at The Bowery for the weekends

with a chance for a long contract during the summer. Carson’s band, The Sliding Doors, had

tried for the same contract, but when Pearce joined The Outcasts, the Sliding Doors no

longer had their act together. Carson was really mad about the whole thing.

4. On October 31, 2008, we went to a Halloween party at the Sand Trap condos. It

was great to go to a party where we were guests and not the entertainment. There must

have been 25 kids there, some of them even in goofy costumes since it was Halloween.

I was surprised to see so many students there. Carson was at the party and reminded us

about the initiation planned for later that night into the Ashley Cooper Fan Club; a secret

club.

5. Tom and I were really excited when we were invited to join the fan club. The

initiation for the club was always held on October 31 – Halloween night. I heard for years

that initiation involved walking the roller coaster at the amusement park. I am a little afraid

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of heights, but Tom told me not to worry, because this was going to be a piece of cake. 24

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6. We were supposed to walk on the roller coaster to find the ghost of Ashley Cooper.

Ashley Cooper was a young newlywed who died from a fall off the roller coaster back in the

70s. Rumor had it that Ashley Cooper’s ghost reappeared every Halloween at midnight at

the exact spot the fall took place.

7. Walking the roller coaster that year was going to be a little different. Everyone

knew the park was closed and it was being dismantled. Kids had been going by after school

to watch the park be dismantled as the place to hang out at after school. Tom had gone by

one day, and he told me that most of the lights in the park were gone, and the safety rails

and safety netting had already been removed. This would be the last time anyone would be

able to walk the roller coaster or see Ashley’s ghost before the entire park was history.

8. We got to the park around 11:30pm. We saw Carson’s van parked across from the

park on 17th Avenue South. We decided to park a couple of blocks further down so the

security guard would not see the car parked by the construction fence. We did not want the

security guard to find us and ruin our fun. Tom and I were to meet Carson at the base of the

roller coaster right before midnight. Carson was nowhere in sight, so we went ahead and

climbed the fence to meet Carson at the roller coaster.

9. Actually, I have to admit that it was a little spooky out there that night. The moon

was full and there were some clouds that made the park look creepy. The roller coaster

seemed to appear as some giant monster against the backdrop on that eerie Halloween

night. I still was not sure if I really wanted to do this, but Tom seemed so carefree and

confident, it seemed like everything would be okay. Besides, Carson had been insisting all

week that we needed to go ahead and get it done before the roller coaster was torn down. It

was best to get Carson off our backs.

10. Instead of waiting on Carson, we decided to go ahead and climb the roller coaster

to get a head start. Tom started up ahead of me, and I had trouble keeping up with him. He

was going fast towards the top and laughing and talking all the way. I was falling behind on

the climb, because I am scared of heights and didn’t realize how high it was until I started

climbing. He seemed to be full of himself about the whole adventure. As Tom got right to

the top, I chickened out and headed back down. As I was headed down, I heard a terrible

scream and looked up to see Tom fall to the ground. It was like everything was happening in

slow motion. It was horrible to watch and I couldn’t do anything to prevent the fall.

11. I climbed down from the roller coaster. I feel sure it didn’t take me as long to get

down as it felt, but I was scared and shaking really bad. I ran over to where Tom was lying

at the foot of the roller coaster. Tom was not moving. He was barely breathing. Carson came

running up from out of nowhere. We both were in a state of panic. We tried calling out on

our cell phones and couldn’t get a signal, so we decided to drive him to the nearest hospital.

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12. Carson’s van was parked closest to the park, so we decided to use it to take Tom

to the hospital. There was a push bar that allowed me to quickly open the construction

entrance gate from the inside so that Carson could drive the van through the fence. It was

awful trying to put Tom into the van. We did not want to make his injuries any worse by

moving him, but we had to get him to the hospital. We lifted him as carefully as we could into

the back of Carson’s van. On the way to the hospital, Tom made a few sounds, but mostly

he was quiet.

13. When we got to the hospital, I ran into the emergency room for help. As the

nurses came out to take Tom from the van, I was still panicky and screaming. They were

doing all they could to help Tom. They were also trying to calm me down to make sure

I wasn’t hurt too. The next thing I knew, they gave me a shot and that is the last thing

I remembered until the next morning.

14. When I woke up in the hospital, Ms. Foster and the police were asking me what

happened the night before. I told them the whole story. I told them Carson was there too and

they needed to talk to Carson. That is when I realized that Carson was not at the hospital.

The real shock came later when I heard that Carson was denying anything to do with it, and

that the fall had not even happened at the roller coaster. It never occurred to me Carson

would lie and say this never happened at the park. Why in the world would I make this up?

Of course, this is not the first time Carson has been involved in something like this. I heard

Carson was at the roller coaster when Kathy Morgan fell and got hurt two years before Tom

died. Carson lied about that, too! Tom’s doctor and Ms. Foster told me that Tom died while

in surgery. I was devastated. I have never been that close to someone who died.

15. I know we were not supposed to be at the park, but it was so easy to get in. We

climbed the fence – no big deal. Kids have been doing that for years. Nobody has ever

made an effort to stop it before. You would think they would have had better security, dogs,

or something. We drove around the park and saw the old security guard at the gate on the

12th Avenue South side. The guard was talking to somebody and not paying attention when

we drove by. He was clueless of his surroundings. We snuck in down by the old arcade.

16. After Tom fell, we screamed for help and no one showed up to help us. They did

not have any decent security there at all. Anybody within a mile could have heard us scream

for help.

(Witness Addendum for Garrett Rutledge – Next Page)

WITNESS ADDENDUM

I have reviewed this statement, and I have nothing of significance to add at this time. The material facts are true and correct.

Signed,

Garrett Rutledge Garrett Rutledge

SIGNED AND SWORN to me before 8:00am on the day of this round of the 2010 South Carolina Middle School Mock Trial Competition.

Wiliam Smith William Smith, Notary Public State of South Carolina My Commission Expires: 12/08/2015

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MARY FOSTER )




Frankie Taylor, )

Individually and )

d/b/a Jumbo Amusement Park, ) DR. PERRY CHANDLER )

Defendant. ) )

Personally appeared before me, Dr. Perry Chandler, who, being duly sworn, states as

follows:

1. My name is Dr. Perry Chandler. I am a physician board certified in emergency

medicine, and I practice in the Myrtle Beach General Hospital Emergency Room. I was on

duty the night of October 31, 2008.

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2. I am from the Grand Strand area and graduated from Riley High School. I have a

bachelor’s degree in biology from Furman University, a master’s in physiology from the

University of South Carolina, and my M.D. from the University of South Carolina School of

Medicine. My specialty field of study is in emergency care. I have published articles in The 7

New England Journal of Medicine and the Journal of the American Medical Association on

emergency medicine, sports injuries, and fall-related injuries. I worked ten years at Johns

Hopkins and the last five years at Myrtle Beach General Hospital ER to be closer to my

parents, who are getting older.

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3. I was working the 7:00pm to 7:00am shift on October 31, 2008, when Tom Foster

was brought in by a friend at 12:30am. Tom’s injuries were so severe he was immediately

taken to the trauma bay.

4. Tom was in and out of consciousness, his pulse was rapid, and his breathing was

shallow. On initial examination, I noticed a large hematoma had formed on his upper left

scalp. His left eye socket was fractured. He possessed numerous scattered bruises,

abrasions, and broken ribs.

5. Once stabilization measures were taken, my next immediate concern was that of

massive internal bleeding. I diagnosed him with paracentesis (paruhsenteesis), which

was confirmed by using an IV to withdraw fluid. Paracentesis is blood in the abdominal

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cavity requiring a patient be taken immediately to surgery. Also, because surgery was

necessary and because of the internal bleeding, we drew blood to type and cross match to

determine if there were any alcohol, drugs, or medications in Tom’s system before giving

anesthesia. There were no alcohol, drugs, or medications found in his system. Tom was

then rushed to surgery where surgeons made every attempt to control the bleeding from a

laceration of the spleen. Despite all attempts, Tom died on the operating table. The official

time of Tom Foster’s death was 1:45am.

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6. Following Tom’s death, I went to the ER waiting room to find his family, but they

had not arrived yet. I was unable to speak to his friend, Garrett Rutledge. Garrett was

hysterical at the time Tom was brought into the emergency room and had to be sedated.

Garrett awoke the next morning and explained to us that Tom had fallen from a roller

coaster. Garrett went on to say that they had been on the roller coaster as part of an

initiation for a secret club.

7. It is unbelievable that something has not been done about this roller coaster

before now after all the injuries that have occurred there. Kids were trying to climb that roller

coaster when I was a student at Riley High School. I remember when I was in high school

hearing about kids climbing the roller coaster to see Ashley’s ghost. A classmate of mine

was hurt one year, when she fell down and broke her ankle. Luckily, she only fell a few feet

down onto the tracks – not all the way off the roller coaster like Tom did. I was in school with

Frankie Taylor at the time and everybody knew that Frankie would let kids in the park after

hours.

8. In my experience with trauma victims, it is my opinion to a reasonable degree of

medical certainty, that Tom’s injuries were consistent with a fall from greater than forty feet

but probably less than sixty feet. Also, these injuries were consistent with injuries sustained

when a body falls on gravel or pavement.

9. It is also my opinion that the existence of this abandoned roller coaster without

adequate safety precautions is deplorable. I have seen too many kids come into my ER with

injuries from stupid stunts. After my niece was injured in a fall from The Flying Tiger several

years ago, I started addressing assemblies at the local high schools, including Riley High

School, about the dangers associated with such stunts. Teenagers do not appreciate the

dangers associated with some of their reckless behaviors.

10. My warnings have fallen on deaf ears. On Halloween night 2006, two years

before, I treated a teenager named Kathy Morgan who fell while trying to climb the very

same roller coaster. She was brought in by some kid who left before I could ask any

questions and confirm the patient’s recollection of the event. A student volunteer who went

to Riley High School identified the kid that left the hospital as Carson Hunnicutt. Fortunately,

the patient survived, although she had some disfiguring injuries and nearly lost both of her

feet from level three fractures requiring immediate orthopedic surgery.

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11. I know that some doctors get paid for testifying in trials like this. I am not getting

paid. I am doing this because amusement parks like this are a health risk.

WITNESS ADDENDUM


Signed,

Dr. Perry Chandler, M.D. Dr. Perry Chandler, M.D.


C. M. McCormack C.M. McCormack, Notary Public State of South Carolina My Commission Expires: 12/08/2015


MARY FOSTER )




Frankie Taylor, )

Individually and )

d/b/a Jumbo Amusement Park, ) DREW COOPER )

Defendant. ) )

Personally appeared before me, Drew Cooper, who, being duly sworn, states as follows:

1. My name is Drew Cooper. I am 52 years old and a resident of Myrtle Beach,

South Carolina. I came to Myrtle Beach in 1976 for my honeymoon and never left.

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2. I began working for Jumbo Amusement Park in November 1977. I have held

various positions with Jumbo Amusement Park first at the snack bar and then at the ticket

booth. My last and longest position held there was as a security guard on the night shift.

3. Ashley and I had come to Myrtle Beach for our honeymoon in October 1976. We

were really excited about returning home to start our life and have kids. We had the

American dream. We spent about a week at Myrtle Beach, walking on the beach, going to

different restaurants, playing miniature golf, stuff like that. The last night before we were to

head home, we went to Jumbo Amusement Park. Ashley was hesitant to ride The Flying

Tiger due to a fear of heights. I loved riding roller coasters – the higher and faster, the

better. I finally convinced Ashley to ride The Flying Tiger and I wish I hadn’t. The next thing

I knew, Ashley was flying from the roller coaster car. When I finally got to where Ashley fell,

Ashley was already dead. I don’t think anyone could have survived a fall from that height.

My life ended right then and there. Ashley’s death robbed me of any chance of happiness.

4. I know I shouldn’t have, but I climbed the park fence after hours on the one year

anniversary of Ashley’s death and walked over to The Flying Tiger. Something made me

look up and I could not believe my eyes. I never believed in ghosts, but I swear I saw Ashley

standing there on the roller coaster. I heard Ashley say, “I love you. Stay with me always.”

I climbed to the spot where I saw Ashley, but Ashley was already gone. The next day

I applied to work in the snack bar at the Jumbo Amusement Park to be closer to Ashley.

I looked forward to seeing Ashley return every year after that on Halloween night. I know it

sounds crazy, but I’m not nuts. Ashley never left the park.

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5. During the years that I worked at the park, I saw kids sneaking in to catch a look

at the “roller coaster ghost.” I hated that folks called Ashley “the roller coaster ghost” and

did not want them bothering Ashley. Besides, it was not safe for them to be in the park

climbing the roller coaster. It became a game for them to try and cheat death by climbing

The Flying Tiger. Even Frankie played that game when Frankie was in high school…

bringing kids in and daring them to climb and see the ghost. I remember when Frankie was

in high school a girl fell onto the tracks of the roller coaster one Halloween night and broke

her ankle. Boy, was Frankie scared of Mr. Taylor that night! Ronnie Taylor told us at one of

the employee meetings not to mention the incident to anyone – especially to the park

patrons.

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6. After Frankie took over operation of the park, I reminded Frankie several times

about the kids in the park, just like I had told Frankie’s dad, Ronnie Taylor. Both of them

kept telling me all those years to run the kids off. I also told Frankie that kids were still telling

the ghost story. Frankie said the ghost story was good for business.

7. About twelve years ago, to recover some lost business, Frankie decided to begin

an annual haunted Halloween all night roller coaster ride event. Jumbo Amusement Park

went all out promoting the “roller coaster ghost” with flyers. Frankie even wanted me to go

along with the whole thing and play the “grieving spouse” who had never recovered from the

loss. I did not like the idea and told both of the Taylors in no uncertain terms would I be any

part of their scheme. It was not right to take a tragic event in my life and use it for their

personal gain. I kept a copy of the first flyer all these years to remind me what money-

hungry people the Taylors were. They used that flyer every year until the park closed.

8. The kids knew I was the other part of the ghost story and were constantly asking

me what Ashley looked like; could they see Ashley; and how many times had I seen Ashley.

I always tried to get them to understand that it was not a story and not something that they

should treat lightly. I also told them that they should never try to get into the park after hours

or walk on that roller coaster. Besides the fact that they would be trespassing, the roller

coaster was too high with too many sharp turns to be navigated by inexperienced kids in the

dark. All my efforts to stop them did not seem to help.

9. On October 1, 2007, Frankie Taylor informed the staff at an employee meeting

that the park would be closing permanently. Evidently, not even the “haunted” roller coaster

could help the park’s bottom line. We were told that a demolition crew would be coming in

to dismantle the park and we would be laid off by the end of the month. An outside security

company had been contracted to handle security until the park was completely dismantled.

Frankie told us the demolition was expected to take about twelve months and would begin

that November.

10. Naturally I was upset with the closing of the park. The park was the only link

I had to Ashley. When I was told the roller coaster was going to be dismantled, it felt like

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I was losing Ashley all over again especially as it got closer to the closing date. I guess I got

a little upset, too upset in fact, and said some things to Frankie that I should not have said.

As a result, Frankie fired me on October 30, 2007.

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11. I came back to the park the next night to say goodbye to Ashley. I went to The

Flying Tiger and waited for the right time. Ashley appeared as usual. I stared at Ashley

knowing it was our last time together.

12. I was surprised when the ride was still standing the following year, so I asked

Frankie’s secretary about the demolition status. She said Frankie was trying to sell the ride

for as much money as possible with a potential buyer coming to take a look at the roller

coaster in mid-November. After learning the status of the roller coaster, I jumped at my

chance to see Ashley one more time!

13. On October 31, 2008, I came to the park around 11:00pm. I talked with Charlie

Anderson, the security guard on duty, for about 30 minutes at the 12th Avenue South

entrance. Charlie knew the whole story about my Ashley dying at the park. Charlie had been

a real good friend to me although I thought s/he was somewhat clueless. Even though it

might have gotten Charlie in trouble that night, Charlie let me in the park so I could say

goodbye to Ashley one last time. Charlie went about the security checks as I walked toward

the roller coaster. As I was walking toward The Flying Tiger, I thought I heard voices and

decided I better get Charlie in case there were some kids trying to climb the roller coaster.

Before I could find Charlie, I heard a terrible scream coming from The Flying Tiger. I found

Charlie about fifteen minutes later and we headed back toward the roller coaster together.

Whoever was there was gone when we got there.

14. In our search for trespassers, Charlie and I noticed that the 17th Avenue South

construction entrance gate was wide open. I found a baseball cap with the letters RHS on it.

I made sure not to touch anything. Charlie immediately made me leave and quickly closed

the gate behind me. I rushed to Frankie’s house and beat on the door for about 15 minutes

before Frankie finally answered. I told Frankie that something had happened at the roller

coaster. Frankie called me a crazy old fool and told me to go home or the cops would be

called.

15. I told both of the Taylors for years they needed to increase security. All the

advertising about the ghost was simply asking for trouble. For example, take Kathy Morgan

who fell off and broke both of her feet two years before the Foster kid died. Frankie hushed

that one up in a hurry. I heard around the park that Frankie paid the girl’s hospital bills.

16. It does not surprise me that the Taylors thought I was a little crazy. I understand

how they would think someone that sees a ghost would be considered delirious. I cannot

help it. I know what I see every year and that is my Ashley. If either of the Taylors had ever

loved a person the way they love money, they might understand this.

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17. I am really sorry the Foster kid died. I know I heard voices out there. I know

I heard someone scream in fear. It is too bad that a kid had to die. Wasn’t Ashley’s death on

The Flying Tiger enough?

WITNESS ADDENDUM


Signed,

Drew Cooper Drew Cooper


A.G. Molli A.G. Molli, Notary Public State of South Carolina My Commission Expires: 12/08/2015


MARY FOSTER )


Estate of Tom C. Foster), ) )


Frankie Taylor, )

Individually and )

d/b/a Jumbo Amusement Park, ) FRANKIE TAYLOR )

Defendant. ) )

Personally appeared before me, Frankie Taylor, who, being duly sworn, states as follows:

1. My name is Frankie Taylor. I took over the day-to-day operation of Jumbo

Amusement Park in 1995 when my father’s health made it difficult for him to manage the

park. I became the sole owner in 2001, when I inherited the park upon my father’s death.

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2. First things first. I am terribly sorry about the boy who died. However, I am

positive he did not die as a result from falling in my park. In the years I have run the park,

I have never had any problems with trespassers. To my knowledge, dad never had any

problems with trespassers either. As dad once told me, “This is the safest amusement park

in Myrtle Beach.”

3. The park’s last day of business was October 31, 2007. Following the closing of

Jumbo, I contracted security for the dismantling of the park. There was a security guard on

duty from 7:00pm to 7:00am every day of the week during demolition. The guards worked

for CCI, Crime Control Incorporated - the most respected security outfit in town. You know it

is dangerous when an amusement park is dismantled. That is why there was a security

guard on duty whenever the demolition crew was not there. That is also why I insisted that

the demolition crew take down the old wooden fence and replace it with a construction fence

around the perimeter of the park. I was this cautious because I did not want to be sued

again.

4. Yes, people claiming injury in the park have sued me. You know how it is.

Someone knows you have money and they try to sue you for everything you’re worth. I have

settled a few times to avoid the hassle of a lawsuit and the negative publicity. Settling was

better strategically and not because we were at fault.

5. As for the people who say Kathy Morgan fell off The Flying Tiger two years before

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the Foster boy died, I do not think she was in my amusement park when she fell either.

Nobody ever came to me asking about the accident or tried to collect any money. I have

lived in this town all my life, and I have never heard of any kids trying to climb The Flying

Tiger before, and I have never heard of any Ashley Cooper Fan Club. For the record, I was

never a member of any secret club in high school, and I did not try to get kids to climb the

roller coaster.

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6. I wish I could have kept the park open forever, but it wasn’t possible. The park’s

revenues were significantly declining and it cost more to run than I was making. I decided to

close the park and see if a few of the components could be sold off to recoup some of my

losses. Not to mention, I hoped to make some money off the land and re-invest what I could.

I held an employee meeting the first of October to tell the staff I was closing the park

effective October 31, 2007. The goal was to give everyone a month to secure employment.

I think dad would have been proud of me for looking out for the staff and giving them four

week’s notice. I felt bad for Drew Cooper, in particular, because of the emotional connection

Drew had with the park. However, a day before the park was to close, Drew mouthed off to

me so bad, I had no choice but to fire Drew on the spot. I will never forget that Drew fired

back at me saying, “Frankie, you’ll be sorry some day, some way.” Looking back, I cannot

believe we kept Drew on staff for as long as we did.

7. I want to make some comments about Drew Cooper. Drew began working for my

dad in 1977 and worked for me since I inherited the ten acre park. I have known Drew

virtually my entire life. Drew’s never been quite right. Drew’s ghost stories and rumors were

the stuff of legends. Dad and I always felt kind of sorry for Drew since we knew Ashley died

at the park. Overall, Drew was a good worker, but when Drew was rude and abusive to the

patrons we had to do something. We decided night security would be the perfect job for

Drew. I had hoped this move would help with Drew’s personal issues since it would keep

Drew occupied at night and would allow Drew to see the “ghost” once a year. I guess that

was wishful thinking.

8. Drew’s behavior for awhile was very erratic each year around the anniversary of

Ashley’s death. So it was no surprise when Drew came by my house on the night of October

31, 2008. Drew was yelling about having heard screams coming from the roller coaster.

I thought the memories got the best of Drew and Drew finally cracked. I am sure the

imminent removal of the roller coaster took its toll on Drew’s psyche. I told Drew to go home

and go to bed. I threatened to call the cops if Drew did not leave.

9. I never bought into that ghost business. Dad once told me, “Milk that ghost story

for all it is worth. Everybody knows The Flying Tiger is not haunted. It is simply good

publicity.” That’s why I started the midnight roller coaster ride on October 31st. People love

ghost stories. The ghost promotion increased business for awhile, but the novelty eventually

wore off. I don’t know why that flyer is still around -- it is so old. We don’t do that anymore.

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10. After the park shut down, a demolition schedule was planned. Every day the

demolition crew knew what area of the park they would be breaking down. The Flying Tiger

was the last ride scheduled to be torn down because I seriously thought I could sell the

thing. That roller coaster was the oldest wooden ride on the east coast. It had history, but for

some reason it was hard to sell. My spouse joked that I should have burned the roller

coaster down to collect the insurance money instead of trying to sell it.

11. On the morning of November 1, 2008, The Flying Tiger was dismantled. Yes,

I did get a copy of an extension letter, but I never asked for the extension. I told the

demolition crew in no uncertain terms that this work had been scheduled for months and I

expected it to come down on schedule. There were scheduled tractors, trucks and

construction workers all over the place that day. The police showed up around 10am that

morning alleging that a kid had died as a result from falling from The Flying Tiger the night

before. The police stopped all the demolition work and the crew moved their equipment

away from the roller coaster for the investigation to take place. The police found no evidence

of the alleged fall. It is not like I tried to destroy any evidence that may have been on my

property. None of the crew workers ever told me that they saw any signs of blood or injury

on the ground in the area of The Flying Tiger. November 1, 2008, was no different than any

other demolition day at the park. It was really horrible that someone died, but I don’t think

anyone died from falling in my park.

WITNESS ADDENDUM


Signed,

Frankie Taylor Frankie Taylor


C.H. Gallant C.H. Gallant, Notary Public State of South Carolina My Commission Expires: 12/08/2014


MARY FOSTER )




Frankie Taylor, )

Individually and )

d/b/a Jumbo Amusement Park, ) CHARLIE ANDERSON )

Defendant. ) )

Personally appeared before me, Charlie Anderson, who, being duly sworn, states as follows:

1. My name is Charlie Anderson. I am a security guard for CCI, Crime Control

Incorporated in Myrtle Beach. I wanted to be one of the private investigators they have at

CCI, but they kept hiring all these younger kids instead. I do not really understand what they

are talking about half the time, and I never understand their jokes. I guess it is the age

difference. They take this business lightly and make fun of me because they say I wanted to

be a real cop and could not. They seem to forget that I retired from Coastal Carolina

University as Director of Public Safety.

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2. In November 2007, I was assigned to the Jumbo Amusement Park and worked

security there until the demolition was completed. It was a big amusement park I used to go

to when I was a kid. They were tearing it down, so they needed a security guard at night.

They used to have their own security guard, but I heard Drew Cooper was canned a day

efore the park shut down over yelling at the owner telling them they would be sorry for

iring Drew.

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3. I worked the 7:00pm to 7:00am shift five days a week at Jumbo. When I left the

park at 7am each day, the demolition crew was on site until I returned to start my shift again.

The demolition crew was always there when I got there and back before I left. Between the

demolition crew and security, the park was never left empty. Besides, the rules did not allow

for there to be a lapse in oversight. The demolition crew also put up a chain link fence

around the property. It had two small personnel gates on either end of the park and two

large gates that could be opened from the inside for the demolition equipment and trucks to

be driven through. The fence was easily eight feet high.

4. The park had an interesting and efficient time clock system for increased security,

requiring security guards to check in at different points throughout the park. Essentially,

-- 97 --

I walked around with this time clock on a shoulder strap. At different points in the park there

were special keys chained to either a post or a fence. I stuck these keys in the back of the

clock system every shift without fail, and it recorded where I was and at what time. I always

used the time clock. Some of those check points were on the construction fence to make

sure security was visible from the inside perimeter of the park so that no one would attempt

to trespass. There were ten of these keys made specifically for the park’s time clock system.

I always did a thorough inspection for the first and last round of the shift. Other than that, I

id a quic round about every other hour during the night in no specific order or pattern.

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5. The night the Foster kid died I was on security detail for the park. I came on shift

like normal at 7pm. There was a full moon with a few clouds, but other than that it was a

quiet and rather cool night. It was a pretty normal night as far as security went. I was extra

alert since it was Halloween and by then the only things left standing were the old dance

hall, what was left of the theater, maybe the ticket booth, and arcade – nothing in it of

course, and the roller coaster. Everything else was gone.

6. Late that evening Drew Cooper came by and wanted to get into the park to see

the roller coaster. Ever since I can remember, it seemed like everyone knew that Drew

claimed to see the ghost of Ashley in the amusement park. I was there a year and I never

saw the ghost. I told Drew to go home and then I continued with my rounds. I looked back at

he gate after a few minutes to make sure Drew was gone. t

7. The rest of the night was like any other night. The next morning, at about 6:45am

the demolition crew showed up. The crew didn’t even wait for me to open the gate from the

inside like I usually did. They began taking down sections of the fence and drove a big

backhoe through like they were on a mission. I thought that was kind of odd, but the

foreman told me that the fence was no longer needed and they had orders to step up the

pace that day. With the pace of the workers and all their attention on The Flying Tiger, it

appeared as if they had orders to get that roller coaster down in a day. Once they started

unbolting all that timber, they did not stop until it was all down. I know this because I hung

around for a long time after work that day to watch the old roller coaster being taken apart. It

was amazing to watch them work. At 10:15am, the police arrived on scene investigating an

alleged fall taking place the previous night at The Flying Tiger. They questioned me as to

anything that I may have seen. I told the police it was an uneventful evening and I showed

them my shift log where I made my rounds through the entire park. After the police was

done interviewing me, I left to go get some rest.

8. When I returned to work that night, the demolition crew finished dismantling the

last bits of The Flying Tiger. There were stacks of timber everywhere. Each piece was

numbered so they could put it back together again wherever it was going. It was one of the

neatest demolition jobs anyone could imagine; clearly they did not use the back hoe to

break down that ride. It must have taken them twice as long or twice the crew having to

-- 98 --

-- 99 --

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number all those timbers and all that track. I bet they even had some engineer type out

directions on how to break it down to ensure it was done correctly for the new buyer.

9. I know Ms. Foster claims that her son died from falling off the roller coaster on

Halloween night, October 31, 2008. That simply could not have happened. I worked the

park that night. I was there and I did not see or hear anything. Besides, I was all over that

park that night doing rounds with the time clock system. Don’t you think if someone was

there, that I would have seen them? I’m telling you the only person I saw there that night

was Drew Cooper and I sent Drew home. Other than Drew stopping by, I was the only one

there and it was an ordinary routine shift.

10. It is my understanding that this was not the first time someone claimed to have

fallen from The Flying Tiger. Frankie Taylor told us to watch out for kids trying to sneak in

the park and to be extra alert around Halloween. Frankie even made a point to tell us about

Kathy Morgan breaking her feet two years before the Foster kid died. Frankie said she did

not fall at Jumbo even though the story floating around town said she did. Either way, we

were told to be extra careful. Frankie said Jumbo could not afford to settle with anybody else

claiming to have been injured on the property.

11. The Flying Tiger was the last thing left worth selling from the park, so once it

was gone; there was no reason to have the fence anymore. As the crew loaded parts of the

roller coaster onto the trucks over the next two days, they also loaded up the fence and took

it away. In fact the day they drove off with the last truckload of fence, was the last day CCI

had the security contract with Jumbo Amusement Park.

WITNESS ADDENDUM


Signed,

Charlie Anderson Charlie Anderson


A.G. Molli A.G. Molli, Notary Public State of South Carolina My Commission Expires: 12/08/2015


MARY FOSTER )




Frankie Taylor, )

Individually and )

d/b/a Jumbo Amusement Park, ) CARSON HUNNICUTT )

Defendant. ) )

Personally appeared before me, Carson Hunnicutt, who, being duly sworn, states as follows:

1. My name is Carson Hunnicutt. I am 19 years old and I graduated from Riley High

School in 2009.

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2. I knew Tom Foster. He was the weird new kid in school at the beginning of my

junior year. He used to try to hang around with us, but we did not like him.

3. My friends and I started a band called The Sliding Doors. We were the best band

at the school, so we pretty much ended up wherever the action was, if you know what I

mean. Tom was trying to impress us all the time, acting like he was real cool or something.

He even started his own band. I heard Ted Pearce was going to be the drummer for Tom’s

band. I was kind of glad that some band would take Ted. Ted wanted to be in our band, but

he really was not good enough. Anyway, we generally ignored Tom, and he ended up

hanging around with losers like Garrett Rutledge.

4. Right before Halloween 2008, a bunch of us were hanging around after school,

and Tom showed up trying to get us to tell him about the haunted amusement park. He

wanted to know all about the ghost and if any of us had ever seen the ghost. He wanted us

to spend our Halloween night with him down at the roller coaster. No way were we going to

be there on Halloween night. Besides, ghosts are stupid and do not exist. We laughed at

Tom right in his face and made plans to play at a party. The party was at this guy’s place at

the Sand Trap condos. They had this really cool apartment condo on the third floor

overlooking the beach. The view was great forty feet up on the balcony.

5. Around midnight, I left the party because I volunteered to go buy more sodas

during our break. As I was leaving the condo and walking toward my van, I saw Garrett

Rutledge standing near the parking area below the condo. Garrett was acting strange and

looked pretty freaked out. I called over to Garrett and asked what was going on. Garrett said

-- 100 --

that Tom fell from the balcony and we needed to take him to the hospital. I ran over to

Garrett and there was Tom, lying on the sidewalk. We tried calling for help from our cell

phones, but we could not get a signal. Of all nights not to get a phone signal!

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6. There wasn’t any blood or anything on him or on the ground, but Tom was

moaning as if he was in massive pain. With no other choice, we picked him up and put him

in the back of my van. I quickly drove Garrett and Tom to the hospital. Garrett was

absolutely hysterical and babbled all the way to the hospital about how they were sitting on

the balcony to get away from everybody. I tried to ask Tom what he was doing out on the

balcony, but Tom kept moaning and wasn’t making any sense.

7. When we got to Myrtle Beach General Hospital, Garrett ran inside for help. I saw

some wheelchairs parked out front and I didn’t know how long it would take to get help, so I

carefully put Tom into one of them. Tom was still moaning and making weird noises like he

was in a lot pain. Doctors and nurses ran outside with Garret to help get Tom inside. It was

like organized chaos. Everyone was yelling medical stuff, Tom was moaning, and Garrett

was hysterical. After everyone rushed inside with Tom and Garrett, I left to head back to the

party because everyone wanted our band to play a few more songs. Looking back, that was

probably pretty rude. But, there wasn’t anything else I could do but sit there.

8. The police came and interviewed me the next morning. It never occurred to me

that police were to be called for a fall. We tried calling for an ambulance, but we couldn’t get

a signal. I told the police I did not see Tom fall from the balcony at the Sand Trap condo, but

that I did help Garrett get Tom in the van and that I drove them both to the hospital. I told the

police that I did not see any point in staying at the hospital when I knew that my band

needed me to finish out the rest of our set. I told the police everything that I knew. That is

when I learned that Tom died during surgery.

9. I found out later that Tom told Garrett the reason we would not hang out with

them is because we were all members of some sort of secret club. Tom was telling people

that he was going to an initiation ritual that Halloween night. I do not know what he was

talking about. I did not belong to any secret club called the Ashley Cooper Fan Club.

Besides, having a band keeps me pretty busy between practice sessions, gigs and not to

mention school.

10. I think Tom made up the whole Ashley Cooper Fan Club thing. Tom wanted to

be a part of our band pretty bad and we wouldn’t let him. We thought between his childish

ways, the way he dressed, and the way he talked made him weird. We didn’t want anything

to do with him. Tom didn’t seem to fit in with our crowd; I guess he had to make up the fan

club to feel like he belonged to something other than his made up band. The truth is Tom

was not only weird, but a little scary at times. Tom kept trying to get us to do crazy things

like climbing up that roller coaster.

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-- 102 --

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11. I think Tom did fall off the balcony, and Garrett does not want to get into trouble

about it because they were cutting up. Besides, I heard the owner of the condos also owned

The Bowery and that if the fall took place at the condos it would hurt their chances for that

summer contract that Garrett was going after on behalf of the band. And I will tell you

something else; I never went to Jumbo Amusement Park that Halloween night, and I will go

to my grave swearing that because it is the truth. I have nothing to lose by lying or telling the

truth here today.

WITNESS ADDENDUM


Signed,

Carson Hunnicutt Carson Hunnicutt


Anthony Roberts Anthony Roberts, Notary Public State of South Carolina My Commission Expires: 12/08/2015

EXHIBITS

-- 103 --

EXHIBITS AVAILABLE TO BOTH PARTIES

The parties have stipulated to the authenticity of the trial exhibits listed below. The Court will, therefore, not entertain objections to authenticity of these trial exhibits. The parties have reserved any objections to the admissibility of any of these exhibits until the trial of the above-captioned matter. The trial exhibits may be introduced by either party, subject to the Rules of Evidence and the stipulations of the parties contained in the materials.

EXHIBIT # EXHIBIT DESCRIPTION

1 Tom Foster’s Emergency Room Report

2 Kathy Morgan’s Emergency Room Report

3 Jumbo Amusement Park Diagram – October 31, 2008

4 CCI, Inc. – Guard Report Shift Log

5 Drew Cooper’s Employment Record

6 Demolition Extension Request

7 Weather, Moon and Tide Forecast

8 Flyer Promoting “Roller Coaster Ghost”

The parties reserve the right to dispute any other legal or factual conclusions based on these items and to make objections to these items based on other evidentiary issues.

-- 103 --

Exhibit #1 – Tom Foster’s Emergency Room Report

Myrtle Beach General Hospital 800 Parkway, Myrtle Beach, South Carolina 29572

POINT OF ENTRY HISTORY – EMERGENCY ROOM REPORT

PATIENT NAME: Tom Foster DATE / TIME OF ARRIVAL: 11/1/08 / 12:30am AGE: 17 SEX: Male MODE OF ARRIVAL: Brought in by Teen PHYSICIAN: ER to Treat

TRIAGED TIME: 12:30am TRIAGED LEVEL: Trauma CHIEF COMPLAINT: Unresponsive – friend reported that he fell approximately half an hour ago PRIOR SURGERIES: Unknown MEDICATIONS: Unknown IMMUNIZATIONS: Unknown

PHYSICIAN: Perry Chandler, MD PHYSICIAN ASSESSMENT: Patient was responsive to deep pain. Patient was in and out of consciousness. Patient lost consciousness during exam. There were multiple bone/soft tissue deformities. Patient’s pulse was rapid. Patient had shallow respiration. There was a large hematoma on upper left scalp. Both ears checked with no sign of bleeding. Pupils were not equal, round, or reactive to light. Left eye socket was fractured. Patient had numerous scattered bruises, abrasions, and broken ribs. Breathing could not be heard clearly in bottom left lung. Abdomen was distended (puffed out) in an abnormal fashion, but not related to obesity. Patient did not have clear normal digestive sounds indicating a possible problem in the abdominal area. Injuries were consistent with patient having fallen on pavement or gravel from a minimum of forty feet and a maximum of sixty feet. No obvious deformity was in neck and neck was stabilized with a cervical neck collar. HEMOGLOBIN: 7.3 (normal range is 12 – 15, lower than normal means signs of internal bleeding)

ELECTROLYTES: 142 (normal range)

POTASSIUM: 4.5 (normal range)

BLOOD SUGAR: 98 (normal range)

BLOOD UREA NITROGEN (kidney function indicator): 20 (normal range)

CREATININE (kidney function indicator): .6 (normal range)

EKG (sinus tach): rapid heartbeat

X-Ray: left frontal-parietal (puh-rahy-i-tl) depression

ETOH (alcohol level): .00

IV / TIME / DIAGNOSIS: IV used to withdraw fluid that indicated a positive paracentesis (par-uh-sin-tee-sis) (blood in the abdominal cavity requiring a patient be taken immediately to surgery)

ADDITIONAL NOTES: Ribs 8, 9, and 10 overlying the spleen were broken. A spleen laceration could cause internal bleeding giving a positive result for paracentesis. Patient was referred for immediate surgery as a life saving measure.

Perry Chandler, M.D. 11/1/08

PHYSICIAN’S SIGNATURE DATE PATIENT’S SIGNATURE DATE

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Exhibit #2 – Kathy Morgan’s Emergency Room Report

Myrtle Beach General Hospital 800 Parkway, Myrtle Beach, South Carolina 29572

POINT OF ENTRY HISTORY – EMERGENCY ROOM REPORT

PATIENT NAME: Kathy Morgan DATE / TIME OF ARRIVAL: 11/1/06 / 12:45am AGE: 17 SEX: Female MODE OF ARRIVAL: Brought in by Teen PHYSICIAN: ER to Treat

TRIAGED TIME: 12:45am TRIAGED LEVEL: Critical Care CHIEF COMPLAINT: Patient fell from a roller coaster and landed on both feet. Patient had obvious injuries to both feet. PRIOR SURGERIES: None MEDICATIONS: None IMMUNIZATIONS: Tetanus

PHYSICIAN: Perry Chandler, MD PHYSICIAN ASSESSMENT: Patient was alert and oriented to person, time, and place. Patient knew who they were, where they were and what day it was. Pain level from 0-10 with10 being the highest was a10 according to the patient. Pain noted in C-5, C-6, L-1, L-2. Patient’s head, eyes, ears, nose and throat were within normal limits. Both ears were checked with no sign of bleeding. Pupils were equal, round, and reactive to light. Head was normal with no signs of trauma. Patient had regular heart rate. Stomach was not tender and was not distended. Could hear normal digestive sounds from stomach. Right foot was hanging on by the skin. Pulse in left ankle was extremely weak. Level 3 open fractures existed in both feet. Hemorrhaging was controlled with pressure. Pulse was normal. No obvious deformity in neck. HEMOGLOBIN: 12.3 (normal range is 12 – 15, lower than normal means signs of internal bleeding)

ELECTROLYTES: 132 (normal range)

POTASSIUM: 3.2 (normal range)

BLOOD SUGAR: 118 (normal range)

BLOOD UREA NITROGEN (kidney function indicator): 19 (normal range)

CREATININE (kidney function indicator): .7 (normal range)

X-Ray: Compression to C-5, C-6, L-1, L-2

IV / TIME / DIAGNOSIS: Prescribed Demoral (dim-er-all)75mg for pain and Phenegran (fin-uh-grin)25 mg for nausea. Patient required immediate orthopedic surgery to repair Level 3 open fractures to both feet.

Perry Chandler, M.D. 11/1/06 Kathy Morgan 11/1/06

PHYSICIAN’S SIGNATURE DATE PATIENT’S SIGNATURE DATE

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Exhibit #3 – Jumbo Amusement Park Diagram October 31, 2008

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Park: 10 square acres Scale: 1” = 94 ft. Width: 544.25 ft. = 1.81 football fields Length: 800 ft. = 2.66 football fields

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Exhibit #4 – CCI, Inc. – Guard Report Shift Log

Crime Control, Inc. Guard Report Shift Log

October 30 – 31, 2008 7pm – 7am Shift Log

October 31 – November 1, 2008

7pm – 7am Shift Log

Date / Time Location Date / Time Location 10/30 7:00 pm Key One 10/31 7:00 pm Key One 10/30 7:06 pm Key Two 10/31 7:06 pm Key Two 10/30 7:12 pm Key Three 10/31 7:12 pm Key Three 10/30 7:18 pm Key Four 10/31 7:18 pm Key Four 10/30 7:24 pm Key Five 10/31 7:24 pm Key Five 10.30 7:30 pm Key Six 10/31 7:30 pm Key Six 10/30 7:36 pm Key Seven 10/31 7:36 pm Key Seven 10/30 7:42 pm Key Eight 10/31 7:42 pm Key Eight 10/30 7:48 pm Key Nine 10/31 7:48 pm Key Nine 10/30 7:54 pm Key Ten 10/31 7:54 pm Key Ten 10/30 8:00 pm Key One 10/31 8:00 pm Key One 10/30 9:00 pm Key Two 10/31 9:00 pm Key Two 10/30 9:15 pm Key Four 10/31 9:15 pm Key Four 10/30 9:30 pm Key Six 10/31 9:30 pm Key Six 10/30 9:45 pm Key Ten 10/31 9:45 pm Key Ten 10/30 10:00 pm Key One 10/31 10:00 pm Key One 10/30 11:00 pm Key Two 10/31 11:40 pm Key Two 10/30 11:15 pm Key Four 10/31 11:55 pm Key Three 10/30 11:33 pm Key Six 11/01 12:10 am Key Four 10/30 11:58 pm Key Ten 11/01 1:00 am Key Two 10/31 12:04 am Key One 11/01 1:18 am Key Four 10/31 1:00 am Key Two 11/01 1:32 am Key Six 10/31 1:15 am Key Four 11/01 1:57 am Key Ten 10/31 1:33 am Key Six 11/01 2:03 am Key One 10/31 1:58 am Key Ten 11/01 2:54 am Key Two 10/31 2:04 am Key One 11/01 3:12 am Key Four 10/31 3:00 am Key Two 11/01 3:30 am Key Six 10/31 3:15 am Key Four 11/01 3:55 am Key Ten 10/31 3:30 am Key Six 11/01 4:01 am Key One 10/31 3:45 am Key Ten 11/01 5:00 am Key One 10/31 4:00 am Key One 11/01 5:06 am Key Two 10/31 5:00 am Key One 11/01 5:12 am Key Three 10/31 5:06 am Key Two 11/01 5:18 am Key Four 10/31 5:12 am Key Three 11/01 5:24 am Key Five 10/31 5:18 am Key Four 11/01 5:30 am Key Six 10/31 5:24 am Key Five 11/01 5:36 am Key Seven 10/31 5:30 am Key Six 11/01 5:42 am Key Eight 10/31 5:36 am Key Seven 11/01 5:48 am Key Nine 10/31 5:42 am Key Eight 11/01 5:54 am Key Ten 10/31 5:48 am Key Nine 11/01 6:00 am Key One 10/31 5:54 am Key Ten 11/01 6:45 am Key One 10/31 6:00 am Key One 10/31 6:45 am Key One

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Exhibit #5 – Drew Cooper’s Employee Record

Jumbo Amusement Park Employee Record

EMPLOYEE NAME Drew Cooper EMPLOYEE ADDRESS 123 Sunny Lane, Myrtle Beach, SC 29577 PHONE (843) 555-2345 DATE OF BIRTH January 12, 1958 DATE OF HIRE November 1, 1977 DATE OF TERMINATION October 30, 2007

POSITION(s) Snack Bar Attendant ..................(November 1977 – January 1984) Ticket Attendant ............................. (January 1984 – January 1989) Security Guard ................................ (January 1991 - October 2007)

SUPERVISOR COMMENTS:

January 15, 1981 – Drew is a very responsible employee. Drew is always on time and is very courteous with the customers. I am worried about Drew’s obsession with the death of spouse, Ashley. Drew continues to tell stories that Ashley appears every year on October 31st at the roller coaster. (Ronnie Taylor) January 9, 1984 – Drew is meeting expectations. Drew will be transferred to the ticket booth effective immediately. (Ronnie Taylor) November 3, 1986 –- Security found Drew at the roller coaster at midnight on October 31. Drew was said to be disoriented and was calling out Ashley’s name. Drew was warned that this type of behavior would not be tolerated at Jumbo Amusement Park. (Ronnie Taylor) November 2, 1987 – Drew called in sick to work today. I learned that Drew was arrested in the early morning hours of November 1 for disorderly conduct and was claiming that other people were climbing the roller coaster and that they were going to hurt Ashley. Drew was suspended for one week without pay for this incident. (Ronnie Taylor) January 20, 1988 – Drew is still obsessed with Ashley appearing each year on October 31 at The Flying Tiger. I had a long talk with Drew about this and insisted that Drew seek some type of help. Drew did not want to let go of Ashley and thus did not want help. Overall, Drew is a good employee, and the patrons all seem to like Drew. (Ronnie Taylor) November 1, 1988 – Drew came to my house last night screaming that kids were climbing the roller coaster over at the park. Drew appeared to be irrational and mumbling that the kids were going to scare Ashley away. The police had to be called. It was again recommended that Drew get some type of counseling for this problem. (Ronnie Taylor) January 25, 1991 – Drew’s disruptive conduct has not stopped around Halloween. S/he is getting rude to the patrons so I have decided to move Drew to a security guard position effective immediately where Drew will work at night when the park is closed. I feel some obligation since Drew has been with us for so long. (Ronnie Taylor) November 1, 1992 – I received a call around 11:30pm last night from the Myrtle Beach Police Department stating that they received a report that someone was seen sobbing at the roller coaster in the park. I went to the park and found Drew at the roller coaster. Drew was disorderly and crying out Ashley’s name. I drove Drew home. (Ronnie Taylor) November 1, 2000 – I thought Drew was doing better with the loss of Ashley, but obviously is not any longer. When staff reported to work today, Drew was found sleeping at the foot of the roller coaster. I sent Drew home. (Frankie Taylor) October 30, 2007 – On October 1, 2007, I informed all staff that the park’s last day of business would be October 31, 2007. Over the month, Drew became more irritable and was acting irrational. Drew became verbally abusive towards me and swore that Drew would see that the roller coaster was not dismantled. Drew kept insisting I was destroying the only link left to Ashley. I felt that it was best to go ahead and let Drew go even though the park’s last day is tomorrow. Drew’s employment was terminated on today’s date. (Frankie Taylor)

Exhibit #6 – Demolition Extension Request

Office of Building Inspections 123 Main Street

Myrtle Beach, SC 29578

September 15, 2008

Mr. Jacob Tinsley Tinsley Construction Company 147 N. Beach Boulevard Myrtle Beach, SC 29578 RE: JUMBO AMUSEMENT PARK

DEMOLITION PERMIT #97-743 Dear Mr. Tinsley: We are in receipt of your request for an extension on the demolition schedule for the above referenced amusement park. When the initial permit was granted, your demolition schedule called for completion of all work no later than November 1, 2008. You have requested an extension of the permit until December 31, 2008, due to a potential buyer’s inspection of The Flying Tiger scheduled for November 15, 2008. Per our conversation yesterday and based upon your assurances of your ability to timely include this extension in your additional currently permitted demolition activities, we are granting the requested extension. Please note that all work is to be completed no later than December 31, 2008. Sincerely,

N. Abraham Norm Abraham Chief Building Inspector cc: Frankie Taylor

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Exhibit #7 – Weather, Moon and Tide Forecast

OCTOBER 26 – November 1, 2008 Grand Strand Myrtle Beach, SC

Sun Mon Tue Wed Thu Fri Sat 26 27 28 29 30 31 1

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High: 72° Low: 54°

Mostly Sunny

High: 73° Low: 52°

Mostly Sunny

High: 72° Low: 45°

Mostly Sunny

High: 67° Low: 42°

Partly

Cloudy,

20% Chance of

Thunderstorm

High: 65° Low: 43°

Partly

Cloudy, 20% Chance

of Thunderstorm

High: 65° Low: 44°

Partly

Cloudy, 20% Chance

of Thunderstorm

High: 71° Low: 42°

Mostly Sunny

Water Temp 61°

Water Temp 61°

Water Temp 60°

Water Temp 55°

Water Temp 55°

Water Temp 54°

Water Temp 54°

AM TIDE AM TIDE AM TIDE AM TIDE AM TIDE AM TIDE AM TIDE

Low: 1:16 High: 7:12

Low: 1:59 High: 7:56

Low: 2:40 High: 8:38

Low: 3:18 High: 9:17

Low: 3:54 High: 9:55

Low: 4:30 High: 10:32

Low: 5:05 High: 11:10

PM TIDE PM TIDE PM TIDE PM TIDE PM TIDE PM TIDE PM TIDE

Low: 1:45 High: 7:22

Low: 2:32 High: 8:03

Low: 3:16 High: 8:43

Low: 3:58 High: 9:22

Low: 4:38 High: 9:59

Low: 5:18 High: 10:37

Low: 5:57 High: 11:15

Exhibit #8 - Flyer Promoting “Roller Coaster Ghost”

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Jumbo Amusement Park

Children 12 and under should be accompanied by an adult.

Halloween Festivities: 8pm – 2am

Trick – or – Treat at

$1.00 Popcorn $1.00 Drinks

for a Year!

Enter the Costume Contest. Prize is a FREE Park Pass

For a Ride Pass PAY ONE PRICE $15 Per Person

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Documents

2010 MOCK TRIAL CASE (Middle School)