Stark v. Springs Park Mock Trial Case 2024-25 PDF

2024-25 Competition Case PRESENTS THE North Carolina High School Mock Trial Competition Dakota Stark v. Springs Park Inc.  AVAILABLE WITNESSES PLAINTIFF DEFENSE Dakota Stark (P...

2024-25 Competition Case PRESENTS THE North Carolina High School Mock Trial Competition Dakota Stark v. Springs Park Inc.  AVAILABLE WITNESSES PLAINTIFF DEFENSE Dakota Stark (Plaintiff/Parent of Deceased) Sydney Wilson (Defendant/Business Owner) Robin Hill (Friend of Deceased) Jordan Banner (Facility Manager) Mills Barton, M.D. (Sports Injury Expert) Bailey Parker (Risk Management Professional) CASE DOCUMENTS 1. Complaint 2. Stipulations 3. Jury Instructions 4. Jury Verdict Form 5. Affidavits and Exhibits EXHIBITS 1. Springs Park Injury Record from January to June 2. Springs Park Safety Rules Signage 3. Springs Park Liability Waiver Form 4. 911 Transcript from April 22, 2023 5. Coroner’s Report on Wade Stark 6. Springs Park Diagram 7. Curriculum Vitae for Mills Barton, M.D. 8. Curriculum Vitae for Bailey Parker 9. Springs Park Daily Safety Checklist for April 22, 2023 *Note on Witness Gender: The gender of witnesses may be determined by each individual team. Throughout these materials, “they/them/their” will be used as the pronouns for an individual witness. Please notify opposing counsel of the team’s witnesses’ gender identities, vis- à-vis the required roster forms, and make all appropriate gender adjustments in witness statements, examinations, and opening and closing arguments. Disclaimer: All the names of parties and witnesses used in the Mock Trial Competition case are intended to be fictitious, and any similarity to the name of any actual person is strictly coincidental. 2  CASE SUMMARY Wade Stark was one of many patrons at Springs Park on Saturday, April 22, 2023. Springs Park is a local trampoline park located in Meadow Bay, Utopia. Wade was part of a group celebrating at a victory party after winning a soccer tournament earlier that morning. During a round of dodgeball on the trampolines, Wade fell and broke his neck. Wade died from the neck injury. Although Wade’s parent, Dakota Stark, signed a waiver, the family sued Springs Park for wrongful death. Owner Sidney Wilson and Springs Park deny all wrongdoing and liability. 3 STATE OF UTOPIA COURT OF GENERAL JURISDICTION COUNTY OF MORSE SUPERIOR COURT DIVISION 23-CVS-24-1068 DAKOTA STARK, AS PERSONAL ) REPRESENTATIVE OF THE ESTATE ) OF WADE STARK, ) ) PLAINTIFF, ) COMPLAINT ) (WRONGFUL DEATH) vs. ) ) SPRINGS PARK, INC., ) ) DEFENDANT. ) JURY TRIAL DEMANDED ______________________________________________________________________________ NOW COMES the Plaintiff, Dakota Stark (hereinafter “Plaintiff”), by and through undersigned counsel, and files this Complaint against the above-named Defendant, Springs Park, Inc. In support thereof, Plaintiff states as follows: 1. Plaintiff is the parent of Wade Stark (hereinafter “Decedent”). 2. Decedent was a 12 year-old minor at the time of death and was a resident of the Town of Meadow Bay in Morse County, Utopia. 3. On information and belief, Springs Park, Inc. (hereinafter “Defendant”) is a corporation established and existing under the laws of the State of Utopia. 4. Defendant owned, operated, and controlled the trampoline park where the Decedent was injured and subsequently died. 5. Defendant owed a duty to Decedent to maintain the trampoline park in a safe and reasonable manner, consistent with accepted standards for similar entertainment facilities. 6. On April 22, 2023, Decedent was a guest at Springs Park, which is a trampoline park. While under the care and supervision of Defendant, Decedent suffered a catastrophic neck injury in a dodgeball room. 7. As a direct and proximate result of the careless, reckless and negligent operation of Springs Park by Defendant, Decedent suffered: a. severe bodily injuries; b. conscious pain and suffering; and c. death. 4  CAUSE OF ACTION (Wrongful Death/Negligence) 8. Plaintiff hereby adopts and incorporates by reference paragraphs 1 through 7. 9. Defendant had a duty to operate Springs Park in a safe and reasonable manner, consistent with the accepted standards for similar entertainment facilities. 10. Defendant breached its duty to Plaintiff’s Decedent by negligently and carelessly: a. failing to maintain proper equipment, including, but not limited to, safety pads for the trampoline park; b. failing to keep children in like aged groups, thus allowing for injury; c. failing to communicate and/or enforce reasonable safety rules to and with all guests; d. failing to properly train and/or supervise agents and employees; and e. failing to institute proper oversight of authority and decisions made by agents and employees. 11. The above negligent and careless acts by Defendant were the direct and proximate cause of the injuries and death suffered by Decedent, for which Plaintiff is entitled to relief in the form of a judgment against Defendant. 12. By reason of Decedent’s untimely death, Plaintiff has been deprived of all benefits of society and companionship and experienced 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: a. financial loss; b. mental shock and suffering; c. grief and sorrow; d. loss of companionship; and e. deprivation of use and comfort of Decedent’s society. 13. Defendant’s actions or failure to act were the sole cause of the injuries and death of the Decedent, and the action of the Decedent and the Plaintiff did not contribute in any way to the Decedent’s injuries and death. WHEREFORE, Plaintiff prays for judgment against Defendant for actual damages in an amount as determined by the jury; damages for the pain, suffering, and premature death; and for any other relief as the Court deems just and proper. Respectfully submitted, Tacker LaCarpentier Tacker LaCarpentier, Esquire LaCarpentier & Britton, LLP 5 STATE OF UTOPIA COURT OF GENERAL JURISDICTION COUNTY OF MORSE SUPERIOR COURT DIVISION 23-CVS-24-1068 DAKOTA STARK, AS PERSONAL ) REPRESENTATIVE OF THE ESTATE ) OF WADE STARK, ) ) PLAINTIFF, ) ANSWER ) vs. ) ) SPRINGS PARK, INC., ) ) DEFENDANT. ) JURY TRIAL DEMANDED ______________________________________________________________________________ Now comes Defendant, Springs Park, Inc., by and through the undersigned counsel, hereby responding to the hereinafter allegations of Plaintiff’s complaint as follows: 1. Each and every allegation in the Complaint, unless specifically admitted, modified, or explained is expressly denied in this Answer. 2. Upon information and belief, Defendant admits the allegations of Paragraphs 1 and 2. 3. Defendant admits the allegations of Paragraph 3. 4. In response to Paragraph 4, Defendant admits only that Decedent was at the trampoline park on April 22, 2023, and Defendant owns Springs Park Inc. Defendant denies all other allegations of this paragraph and demands strict proof thereof. 5. Defendant denies any allegations of carelessness and recklessness contained in Paragraph 5 and demands strict proof thereof. 6. In response to Paragraph 6, Defendant realleges its responses in paragraph 4. 7. Defendant denies the allegations of Paragraph 7, including sub-parts (a) through (c). 8. In response to Paragraph 8, Defendant realleges its responses in paragraphs 1 - 7. 9. In response to Paragraph 9, Defendant denies all allegations. 6 10. In response to Paragraph 10, Defendant denies all allegations in this paragraph, including sub-parts a through e, and demands strict proof thereof. 11. In response to Paragraph 11, Defendant denies all allegations. 12. In response to Paragraph 12, Defendant denies all allegations, including the sub-parts (a) through (e), and demands strict proof thereof. 13. In response to Paragraph 13, Defendant denies the allegations. 14. Defendant denies that Plaintiff is entitled to the requested relief contained in the unnumbered “wherefore” paragraph. FOR A FIRST DEFENSE (Sole Negligence of the Plaintiff and Decedent) 15. Further answering the Complaint, Defendant would allege that any injuries or damages sustained by Decedent were due to and solely occasioned by the negligence of the Plaintiff and Decedent, and Defendant pleads the sole negligence and sole recklessness of the Plaintiff and Decedent as a complete bar to this action. FOR A SECOND DEFENSE (Comparative Negligence – More than 50%) 16. Further answering the Complaint, Defendant alleges that any injury and damage sustained by Decedent and Plaintiff was caused by the negligence or willfulness of Plaintiff and Decedent combining, concurring, and contributing with the negligence or willfulness, if any, on the part of the Defendant. Because Decedent and Plaintiff’s negligence or willfulness is greater than the alleged negligence or willfulness of Defendant, Plaintiff is barred from recovery against Defendant. FOR A THIRD DEFENSE (Comparative Negligence – Less than 50%) 17. Further answering the Complaint, Defendant alleges any injuries and damages sustained by Decedent and Plaintiff were caused by the negligence or willfulness of Decedent and Plaintiff, combining, concurring, and contributing with the negligence or willfulness, if any, on the part of Defendant. Therefore, the Court should reduce any recovery awarded to Plaintiff for the alleged injuries and damages based upon the percentage of negligence or willfulness attributed to Decedent and Plaintiff. 7  FOR A FOURTH DEFENSE (Waiver) 18. Further answering the Complaint, Defendant alleges Plaintiff signed a valid Waiver as a complete defense. WHEREFORE, having fully answered Plaintiff’s Complaint, the Defendant prays that the Complaint be dismissed with costs awarded to Defendant and for any other relief as the Court may deem just and proper. Defendant demands a jury trial. Respectfully submitted, Florence Rogers Florence Rogers, Esquire Rogers & Bailey, LLP One Federal Road Edmonton, Utopia ATTORNEY FOR DEFENDANTS 8 STATE OF UTOPIA COURT OF GENERAL JURISDICTION COUNTY OF MORSE SUPERIOR COURT DIVISION 23-CVS-24-1068 DAKOTA STARK, AS PERSONAL ) REPRESENTATIVE OF THE ESTATE ) OF WADE STARK, ) ) PLAINTIFF, ) STIPULATIONS ) vs. ) ) SPRINGS PARK, INC., ) ) DEFENDANT. ) ______________________________________________________________________________ The parties agree and stipulate to the following: 1. This case is governed by the laws of the state of Utopia. 2. There are no defects in the pleadings. The Defendant has properly appeared and answered. The Court has jurisdiction over the parties. All questions of fact are being submitted to the jury. Questions of law will be decided by the Court. No law may be argued other than what is contained in the Jury Charges in the case materials. 3. This case has been bifurcated. The only matter to be decided in this trial is liability, along with any valid defenses. Damages, if any, will be decided at a later proceeding and may only be mentioned in so much as to prove the elements of the cause of action. 4. All exhibits included in the case materials are authentic and accurate copies of the originals. No objections to the authenticity of the exhibits will be entertained. Both parties retain the right to make objections to the exhibits other than to an exhibit’s authenticity. The only exhibits to be used at the trial are those included in the case materials provided by the Utopia Bar. 5. The chain of custody of evidence may not be contested. Additionally, exhibits do not need to be introduced through a custodian of records. 6. The signatures on the witness statements and all other documents are authentic and the statements were signed under oath by each witness. 7. No witness may be examined or cross-examined as to the contents of anything not included in the case materials. This includes, but is not limited to, information found on the Internet, social media, books, magazines, and/or other publications. 9 8. The charge of the Court is accurate in all respects, and no objections to the charge will be entertained. 9. Witnesses who reference exhibits in their affidavits are familiar with the contents of the entire exhibit. 10. Sidney Wilson is the sole owner and operator of Springs Park, Inc. Therefore, any acts by Jordan Banner, an employee under Wilson’s authority as owner and manager of Springs Park, are considered acts of the Defendant. 11. Head Coach Price is not testifying in this case. Coach Price was at Springs Park but was not in the Dodgeball Zone 13–and–up room or in the vending and seating area to observe the live video feed. 12. The watcher, Tommy Kirk, in the Dodgeball Zone 13–and–up is not available to testify and did not have anything more to contribute than Robin Hill or Jordan Banner. 13. The individual who threw the ball at Wade Stark is unknown and was not identified for the purposes of this trial. Both parties have stipulated that the ball thrower was not negligent in throwing the ball. 14. The local newspaper’s report was accurate and is not in dispute. 15. No equipment repairs or changes were made to the Dodgeball Zone 13–and–up following Decedent’s accident. 16. The conferences attended by Sidney Wilson are not in dispute nor are conference agendas necessary for this case. 17. Both parties agree Decedent was wearing a red wristband at the time of the accident at Springs Park. 18. The fact that only Dakota Stark is listed as the Plaintiff, and not Taylor Stark, does not indicate any marital division or discord between the parents. This was a tactical decision made by their attorney and may not be raised at trial. 19. Exhibit #3, the “Springs Park Liability Waiver Form” is complete, and no additional pages are included. 10 STATE OF UTOPIA COURT OF GENERAL JURISDICTION COUNTY OF MORSE SUPERIOR COURT DIVISION 23-CVS-24-1068 DAKOTA STARK, AS PERSONAL ) REPRESENTATIVE OF THE ESTATE ) OF WADE STARK, ) ) PLAINTIFF, ) JURY INSTRUCTIONS ) vs. ) ) SPRINGS PARK, INC., ) ) DEFENDANT. ) ______________________________________________________________________________ Note: Jury instructions are NOT to be read to the jury on the day of the Mock Trial Competition. The Court hereby approves the following preliminary jury instructions in the above-captioned case. It notes the presentation of evidence at trial may warrant additional instructions, and it will consider those instructions at a later date. A. Bifurcated Trial The parties agree the only issue to be decided is liability. If liability is found, the parties agree to have a separate hearing to decide damages. This means you will decide only the liability in this trial, and you are not to consider the amount of award, if any. B. The Jury: Finders of the Facts Under our Constitution and Code of Laws, only you – the jury – can make the findings of fact in this case. I am not permitted to tell you how I feel about the evidence presented. Throughout this trial, I have intended to be fair and impartial toward each of the parties involved. To determine the facts in this case, you will have to evaluate the witnesses’ credibility (believability). You are the sole judges of the credibility of the witnesses, and in considering their credibility, you may take into consideration many things, such as: Your impression of the appearance and manner of the witness on the stand, sometimes referred to as the demeanor of the witness. Was the witness forthright...or hesitant? Was the witness's testimony consistent or did it contain discrepancies? How did the witness come to know the facts about which he or she testified? Was the testimony of the witness corroborated or made stronger by other testimony and evidence, or was it made weaker or impeached by such testimony and evidence? 11  Did the witness have a cause or a reason to be biased and prejudiced in favor of the testimony he or she gave? You may believe the testimony of a single witness against that of many witnesses – or just the opposite. You can believe as much or as little of each witness's testimony as you think proper. Of course, you do not determine your verdict merely by counting the number of witnesses presented by each side. C. Expert Testimony You have also heard the testimony of witnesses who have special knowledge, skill, experience, training or education in the field of a particular profession or occupation, and who gave their opinions as experts about matters in which they are skilled. In determining the weight to be given such an opinion, you should consider the qualifications and credibility of the experts and the reasons given for their opinions. You are not bound by such opinions. Give them the weight, if any, to which you deem them to be entitled. D. Circumstantial 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 asserts or claims to have actual knowledge of a fact, such as an eyewitness. Circumstantial evidence is proof of a chain of facts and circumstances indicating the existence of a fact in issue. 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. You should weigh all the evidence in the case when arriving at a verdict. E. The Judge: Instructor of the Law The same constitution and laws that make you the finders of the facts also make me the instructor of the law. You must accept the law as I give it to you. If I am wrong, there is another place and time for that error to be corrected. But for now, you must accept the law as I give it to you – and I caution you that it does not mean what you think the law should be, but what I tell you it is. F. Elements of a Cause of Action To state a cause of action against a Defendant, the law requires a Plaintiff to set out in the Complaint the essential claims that make up the Cause of Action. The causes of action in this Complaint are Wrongful Death and Negligence. In the Complaint, the Plaintiff in this action has set forth the essential elements of each cause of action, each of which is denied by the Defendant. G. Defenses In their Answers to the Plaintiff's Complaint, the Defendant has set forth various defenses. The Defendant admits the truthfulness of certain claims – such as date of the occurrence – but denies 12 each and every claim that would make the Defendant responsible for the Plaintiff's injuries. By doing this, the Defendant placed upon the Plaintiff the burden of proving those necessary elements. In addition to this general defense, the Defendant puts forth affirmative defenses to the Cause of Action. The burden is on the Defendant to prove those affirmative defenses. H. Burden of Proof The Plaintiff has the burden of proof. The Plaintiff must meet this burden by proving the claims by the preponderance – or the greater weight – of the evidence. So, what do we mean by the greater weight of the evidence? Simply this, imagine a traditional set of scales. When the case begins, the scales are even. After all the evidence has been presented, if the scales should remain even or if they should tip – ever so slightly – in favor of the Defendant, then the Plaintiff will have failed to meet the burden of proof, and your verdict should be for the Defendant. If, on the other hand, those scales tip – no matter how slightly – in favor of the Plaintiff, then the Plaintiff will have met the burden of proof, and your verdict should be for the Plaintiff. The Defendant has the burden to prove its affirmative defenses by the preponderance of the evidence. Of course, there is no way to weigh evidence, except through the exercise of your good common sense and judgment. It is entirely a mental process. The evidence you should give the most weight to is that which convinces you of its truth, regardless of its source. I. Impartial Jury You have sworn to give both parties in this case a fair and impartial trial. When you have done so, you will have complied with your oath, and no one will have a right to criticize your verdict. You must not be influenced by opinions or expressions of opinion you might have heard outside of this courtroom but must base your verdict only on the testimony of the sworn witnesses who took the stand, along with the other evidence introduced during the trial. You must not be swayed by caprice, passion, prejudice or improper sympathy for or against either party in this case. Remember, you have no friends to reward or enemies to punish. Both parties are entitled to a fair and impartial trial at your hands. J. Negligence This is an action in which the Plaintiff claims to have suffered injuries for which the Defendant is responsible to pay damages. There are three essential elements of the Plaintiff's cause of action. They are denied by the Defendant’s answer. Because the Plaintiff has initiated and brought this lawsuit against the Defendant, the burden of proof is upon the Plaintiff to establish, by the greater weight or preponderance of the evidence, that: 1. the Defendant was negligent or careless in one or more of the particulars of wrongful conduct alleged in the complaint; 13 2. the Plaintiff was injured or damaged or both; and 3. the Defendant’s negligence or carelessness, in one or more of the particulars as alleged in the complaint, was the proximate cause of the Plaintiff's injuries. What is negligence? Negligence is defined in the law as the absence of due (or ordinary) care. The word carelessness conveys the same idea as negligence. Negligence is the breach of a duty of care owed to the Plaintiff by the Defendant. Negligence is the failure, by omission or commission, to exercise due care as a person of ordinary reason and prudence would exercise in the same circumstances. It is the doing of some act which a person of ordinary prudence would not have done under similar circumstances or failure to do what a person of ordinary prudence would have done under similar circumstances. In determining whether a particular act is negligent, the test you apply is what would a person of ordinary reason and prudence do under those circumstances at that time and place. Negligence is a fact which, like any other fact in the case, must be proved. The mere occurrence of an accident, or the filing of a complaint, or the fact that damages have been sustained, raises no presumption of negligence. A surmise or conjecture (an opinion without evidence) that the Defendant was negligent is not evidence thereof. The bare fact that an innocent party sustained injury or damage does not place any responsibility on another party unless you find that there was some act of negligence on the part of that party which caused the injury or damage. If you find the Plaintiff proved the Defendant was negligent, then your next inquiry would be whether the Plaintiff proved such negligence was the proximate cause of the injury or damage. Negligence is not actionable unless it proximately causes the Plaintiff's injuries. A Plaintiff may only recover for injuries proximately caused by the Defendant’s negligence. [See Negligence - Proximate Cause below] K. Negligence – Proximate Cause Negligence is not actionable unless it proximately causes the Plaintiff's injuries. Proximate cause is the efficient or direct cause of an injury. Proximate cause requires proof of both causation in fact and legal cause. Causation in fact is proved by establishing the Plaintiff's injury would not have occurred "but for" the Defendant’s negligence. Legal cause is proven by establishing foreseeability. The touchstone of proximate cause in Utopia is foreseeability. That is, foreseeability of some injury from a negligent act or omission is a prerequisite to its being a proximate cause of the injury for which recovery is sought. The test of foreseeability is whether some injury to another is the natural and probable consequence of the complained of act. The Defendant may be held liable for anything which appears to have been a natural and probable consequence of his/her negligence. Foreseeability is not determined from hindsight, but rather from the Defendant’s perspective at the time of the incident. The law requires only reasonable foresight. When the injury complained of is not reasonably foreseeable in the exercise of due care, there is no liability. It is not necessary for the Plaintiff to demonstrate the Defendant should have foreseen the event which occurred but merely that the 14 Defendant should have foreseen that his or her negligence would probably cause injury to someone. Negligent conduct is the proximate cause of injury if that injury is within the scope of the foreseeable risks of the negligence. While it is not necessary that the Defendant must have contemplated or could have anticipated the event which occurred, liability cannot rest on mere possibilities. The Defendant cannot be charged for that which is unpredictable or that which could not be expected to happen. The Plaintiff therefore proves legal cause by establishing the injury in question occurred as a natural and probable consequence of the Defendant’s negligence. In determining whether a consequence is one that is natural and probable, the Defendant’s conduct must be viewed in the light of the attendant circumstances. Proximate cause does not mean the sole cause. The Defendant’s conduct can be a proximate cause if it was at least one of the direct, concurring causes of the injury. The law defines proximate cause of an injury to be something that produces a natural chain of events which, in the end, brings about the injury. In other words, proximate cause is the direct cause, without which the injury would not have occurred. If the accident had happened as a natural and probable consequence, even in the absence of the alleged breach, then the Plaintiff has failed to demonstrate proximate cause. Further, where the cause of the Plaintiff's injury may be as reasonably attributed to an act for which the Defendant is not liable as to one for which the Defendant is liable, the Plaintiff has failed to carry the burden of establishing that his/her injuries were the proximate result of the Defendant’s negligence. Even if you should find the Plaintiff proved the Defendant was negligent, but failed to prove such negligence was a proximate cause of the injury, the Plaintiff would have failed to make out his/her case and you would be required to find for the Defendant. However, if the Plaintiff proved these two propositions, then it would be necessary for him/her to prove his/her damages. L. Wrongful Death The Plaintiff must prove that he or she is a family member and thus has standing to bring an action for wrongful death. That has been proven by the Plaintiff and admitted by the Defendant. There are three essential elements of the Plaintiff’s cause of action. They are denied by the Defendant’s answer. Since the Plaintiff has made these charges the foundation of his or her claimed right of damages against the defendant, the burden of proof is upon the plaintiff to establish all three by the preponderance or greater weight of the evidence. The three essential elements are: First, that the Defendant was negligent in one or more of those specifications of wrongful conduct as alleged in the complaint. Second, that the Decedent came to their untimely death as a consequence of that alleged wrongful conduct. 15 Third, that the Defendant’s negligence, in one or more of the specifications of wrongful conduct as alleged in the complaint, was the proximate cause of the death. Because this is a bifurcated trial, you will not decide the damages in this phase of the case. However, merely as information for this phase in the case, the damages that Plaintiffs seek in a wrongful death case may include: 1. pecuniary loss or economic loss, “pecuniary loss” is a loss of money, or of something by which money or something of monetary value may be acquired; 2. mental shock and suffering; 3. wounded feelings; 4. grief and sorrow; 5. loss of companionship; 6. depravation of the use and comfort of the deceased’s society, including the loss of decedent’s experience, knowledge and judgement in managing the affairs of himself and his beneficiaries; 7. loss of decedent’s ability to earn money for the support, maintenance, care and protection of the beneficiaries; and 8. reasonable funeral expenses. M. Concurring Causes There may be more than one cause of an injury, and more than one person may be responsible for the injury. If the negligence of two or more persons combines to cause an injury, each person involved may be held responsible as if that person alone caused the injury. Causes are concurrent if the individual acts of negligence combine to cause the injury. If an injury occurs through the concurrent negligence of two or more people and would not have happened without the negligence of either person, the negligence is the proximate cause of the injury and both people are responsible. If the acts happened one after the other but were not related to each other, they would not be concurring causes. In that case, only the person whose negligence actually caused the injury would be responsible. N. Comparative Negligence The Defendant claims the Plaintiff’s and Decedent’s own negligence proximately caused the Plaintiff’s injuries. If you find the Defendant was negligent, you must then decide whether the Plaintiff and/or Decedent were also negligent. The Defendant must prove by a preponderance, or greater weight, of the evidence that the Plaintiff and/or Decedent breached a duty of care, and that breach proximately caused the Plaintiff’s injuries and Decedent’s death. The same law I told you to use in deciding whether the Defendant was negligent should be used in deciding whether the Plaintiff and/or Decedent were negligent. 16 If you find the negligence of both the Plaintiff and/or Decedent, and the Defendant proximately caused the Plaintiff’s and Decedent’s injuries, you must then decide how much the Plaintiff’s and/or Decedent’s negligence contributed to the Plaintiff’s and Decedent’s injuries and how much the Defendant’s negligence contributed to the Plaintiff’s and Decedent’s injuries. In deciding the percentages of negligence of the Plaintiff and Decedent, and the Defendant, you may consider, among other things, the following factors: 1. whether each party’s conduct was only inadvertent or whether it was engaged in with an awareness of the danger involved; 2. the magnitude of the risk created by each party’s conduct, including the number of persons endangered and the possible severity of the injury; 3 the significance of the goal that each party was trying to reach and the need to achieve the goal in that manner; 4. each party’s capabilities and abilities to realize and eliminate the risk involved; 5. the particular circumstances confronting each party at the time the conduct occurred, such as the existence of an emergency requiring a quick decision; 6. the relative closeness of the causal relationship of the negligent conduct of the Defendant and the harm to the Plaintiff and Decedent; and 7. whether the conduct of either party involved a violation of a safety statute or regulation. O. Waiver A valid Waiver is a complete defense to a claim of negligence. In order to establish the affirmative defense of waiver, a defendant must show: 1. The person alleged to have waived any claims for simple negligence was fully informed in writing of the potential risk(s) which led to injury. 2. All material portions of the written waiver were completed. 3. If the waiver form consists of more than one page, all pages must be signed or initialed. 4. The person completing the written waiver was over 16 years of age or was the parent/guardian of the participant. 5. The waiver was not merely pro forma, meaning the individual signing the waiver must have been given reasonable notice to review the waiver and must have been reasonably informed as to the contents of the waiver. P. Verdict Form Your possible verdicts in this case will be outlined in the jury verdict form. On each of these questions, your decision must be unanimous – that is, it must be agreed to by all of you. Q. Verdict The foreperson will preside over the deliberations of the jury. When you have reached a verdict, you may knock on the door, and we will take the verdict. Of course, if you have any questions before that, also knock on the door and we will take your questions – whether verbally or in writing. 17 Please retire now to the jury room; however, do not begin deliberations until you are instructed to do so. There are some matters I must first take up with the attorneys. IT IS SO ORDERED, this day of this round of the Mock Trial competition. Kathryn Wells The Honorable Presiding Judge for the County of Morse 18 STATE OF UTOPIA COURT OF GENERAL JURISDICTION COUNTY OF MORSE SUPERIOR COURT DIVISION 23-CVS-24-1068 DAKOTA STARK, AS PERSONAL ) REPRESENTATIVE OF THE ESTATE ) OF WADE STARK, ) ) PLAINTIFF, ) JURY VERDICT FORM ) vs. ) ) SPRINGS PARK, INC., ) ) DEFENDANT. ) ______________________________________________________________________________ We, the jury, find as follows: 1. Was the Defendant negligent? YES NO If you answered no, please stop your deliberations, sign the Jury Verdict Form, and notify the bailiff. If you answered yes, proceed to Question 2. 2. Was the Defendant’s negligence the proximate cause of the Plaintiff’s damages? YES NO If you answered no, please stop your deliberations, sign the Jury Verdict Form, and notify the bailiff. If you answered yes, proceed to Question 3. 3. Was the Plaintiff/Decedent negligent? YES NO If you answered no, please proceed to Question 6. If you answered yes, proceed to Question 4. 4. Was the Plaintiff/Decedent’s negligence a contributing proximate cause of the Plaintiff’s damages? YES NO If you answered no, please proceed to Question 6. If you answered yes, proceed to Question 5. 19 5. If you indicated yes to questions 3 and 4 above, was the Plaintiff/Decedent’s comparative negligence greater than 50% of the contributing proximate cause of Plaintiff’s damages? YES NO If you answered no, please proceed to Question 6. If you answered yes, please stop your deliberations, sign the Jury Verdict Form, and notify the bailiff. 6. Did the Defendant prove a valid Waiver? YES NO __________________________________________ Signature, Jury Foreperson 20  APPLICABLE CASE LAW: Henderson v. Hill: Utopia has adopted a "partial comparative negligence" rule for civil suits advancing a theory of negligence. Under this doctrine, a plaintiff may recover from a defendant who has acted negligently, even if the plaintiff's own negligent actions contributed to the injury at issue. However, a plaintiff may only recover from a defendant if the jury believes that the plaintiff's own negligence does not exceed that of the defendant. This means that if a jury believes each party is equally negligent, a Plaintiff may recover 50% of their damages. A plaintiff is only barred from recovery if their negligence is 51% or greater. Goebel’s Cafe v. Logan Cake Factory: A plaintiff must establish all the elements of its claim by a preponderance of the evidence, meaning that it must establish every element to be more likely true than not. Likewise, an affirmative defense must be proven by the defendant by a preponderance of the evidence. Swing’s Coffee Shop v. Shelton: When a parent sues for the negligent death of a child, that parent and the deceased child are both parties to the lawsuit for evidentiary purposes. Thus, emotional distress suffered by the parent as the result of the child’s injury or death is relevant under Rule 401 of the Rules of Evidence. Frankford’s Shrimp Shack v. Rotton: Prior to testifying to an expert opinion, a witness must be formally tendered to the court as an expert in a specific field. The trial judges serve as the gatekeepers of expert testimony and are tasked with ensuring that such testimony is reliable. In making this determination, the judge may consider the expert’s qualifications, data, and methods, but not the expert’s actual conclusions. When a party seeks to tender an expert, they must prove, by a preponderance of the evidence, that the expert’s testimony meets the requirements of Rule 702 for every specific field in which they testify. Belgium’s Best Waffles v. Great American Cookie Company: While practices may differ in other jurisdictions, in the state of Utopia, the definition of ―hearsay may include any declarant‘s out-of-court statement, even if the declarant is on the stand or scheduled to testify in trial. Lewis v. Posey Nature Supply: In wrongful death cases, while living representatives are not parties for the purposes of showing harm, both the deceased and the living representative filing the suit are considered parties for all evidentiary purposes. Therefore, when the defendant offers statements of either the decedent or the living representative, such statements qualify under Rule 801(d)(2)(A) as statements by an opposing party and thus are not hearsay. Davidson v. Smith: The fact finder must determine the credibility of each witness’s testimony. A fact finder, whether jury or judge, may choose to credit all, some, or none of a witness’s testimony. At all times, the finder of fact may consider the witness’s interest in the outcome of the case. 21 Hudson v. Ridgeway: When assessing an expert’s methods under Rule 702(c) of the Rules of Evidence, judges may consider factors such as: (1) whether the theory or technique has been or can be tested; (2) whether it has been peer reviewed and published; (3) whether it has gained widespread acceptance within the field; and (4) whether it has a known, calculable error rate. However, there is no definitive checklist of what must or must not be present for admission; judges must apply the rule based on the totality of the circumstances. Lesser v. Wildwood: Plaintiff brought suit against Wildwood Camp when plaintiff’s minor child was injured by a falling tree during a thunderstorm when the child ran away from the group as they walked to safety. Under Utopia law, camps supervising minors under age 18 have a duty to exercise the same degree of care as would a reasonably prudent parent under similar circumstances. However, such entities are “not insurers of safety…for they cannot reasonably be expected to continuously supervise and control all movements of students.” Camp organizers “owe a duty to exercise only reasonable care to protect participants from ‘injuries arising out of unassumed or unreasonably increased risks,’ ” but may be found not liable if the child under their care intentionally seeks to evade care. City of Paradise v. Bernstein: Kate Bernstein, a disabled 14-year-old, drowned while participating in recreational activities at Paradise Adventure camp offered by the Paradise Parks and Recreation Department. When Kate’s parents filed a wrongful death lawsuit, the City moved for summary judgment, contending that the release agreement signed by Kate’s parents barred liability. This Court held that the release is valid and enforceable for acts of ordinary or simple negligence, thus barring liability and recovery for any such damages. In its ruling, the Court indicated that a valid waiver, 1) must be signed by the releasee; 2) must contain all material terms, which terms must be completed by the releasee, 3) must be signed by someone over the age of 16, or by a parent or legal guardian, 4) must be signed or initialed on all pages to be included in the waiver, 5) may not merely be pro forma, taken to mean that the releasor must take reasonable steps to inform the releasee of the contents of the waiver. 22  WITNESS AFFIDAVITS AND EXHIBITS 23  AFFIDAVIT OF DAKOTA STARK 1 My name is Dakota Stark. I am 36 years old. I was born and raised here in Meadow Bay, 2 Utopia. I have lived in other places because my spouse, Taylor, is in the US Air Force. I have 3 worked various jobs wherever we were stationed. We have lived in and out of Utopia in between 4 tours. When we came back to Utopia after a stint in New Mexico, I knew that I wanted to raise 5 our kids here no matter what. When Taylor had orders to be stationed in Germany for two years 6 right before Wade died, we opted for me and the boys to stay in Meadow Bay to give the kids a 7 hometown experience and to be closer to family. To be more hands on with the kids, I took a 8 part-time online customer service job to do in the evenings when the boys went down for bed. 9 Taylor and I had two beautiful boys. We now only have our little guy, Jason. Wade died at a 10 trampoline park on April 22, 2023. I truly wish the boys and I had moved to Germany with 11 Taylor instead of staying here. If so, Wade would still be with us, and I would not be sitting here 12 today. 13 Saturday, April 22, 2023, started out as a wonderful day. Wade was playing on the Blue Pointe 14 High School’s JV soccer team. It is almost unheard of to have a seventh grader on the JV team, 15 but Wade was a really good player and big for his age. In fact, Wade was five feet six inches tall. 16 That is almost eight and a half inches taller than an average 12-year-old. He weighed 93 pounds, 17 which is a little over the average, but when you count his extra height, it only made sense. 18 Wade and the rest of the team had a great season. At the final game of the JV championship 19 playoffs, we were playing against a powerhouse but managed to pull off the win. It was a very 20 physical game. A lot of the kids on the team were banged up from hard challenges or from 21 crashing into the net during corner kicks. During one corner kick, Wade had his legs knocked out 22 from under him, and he fell backwards landing hard on his shoulders and neck. He bounced back 23 up and did not seem to miss a beat. Neither the head coach, Coach Price, nor the team doctor 24 pulled him out of the game, which meant he must not have been hurt. The team was so excited 25 about the win. I was even more excited that the college scouts were looking at Wade. After the 26 game and sideline celebrations, Coach Price decided to treat the team using booster club funds to 27 buy pizza for a late lunch and then some celebratory jump time at the trampoline park. All the 28 parents gave approval for the kids to go to the trampoline park. The kids showered and changed 29 out of their jerseys and into clean clothes. Wade changed into a long-sleeved gray soccer shirt – 30 you know the lightweight sweat-wicking kind of shirt. A cold front had passed through the night 31 before causing the temperature to drop. 32 Jason and I followed the bus to the Springs Park location over on West Maple Drive after lunch. 33 I would say we got to Springs Park sometime after 3pm. Wade had been to Springs Park before, 34 but I had not. We had been to several other trampoline parks over the years with no problems as 35 they were great places to play. However, at two years old, I thought Jason was too little to 36 participate. At most trampoline parks, there are different sections of trampolines based on age. 37 This helps make sure the older kids do not bounce too high or launch the younger ones up in the 24 38 air. There are also watchers in every room, and video monitors in the vending and seating area 39 for parents to watch their kids. For parents who do not want to watch from the video monitors in 40 the vending and seating area, most places have benches outside of each trampoline room for 41 parents to observe – at least that was how most of the parks I had been to before were set up. 42 Springs Park was more crowded than any trampoline park I had taken Wade to before. There 43 were clearly way too many kids and not enough watchers. Kids of all ages and sizes were 44 running around like crazy. I thought the fire marshal would probably have closed the place down 45 when we first arrived, had one been there. Against my better judgement, and because Wade was 46 so excited to celebrate with his team, we stayed. Staying there was the single worst decision of 47 my life. 48 The diagram of Springs Park, marked as Exhibit #6, is accurate. At the front entrance there was a 49 bank of TV screens, but they were not on when we arrived. Past that entrance, I saw the 50 entertainment areas. To the far left of the entrance was a vending and seating area for adults to 51 watch their kids on screens. Behind that was the arcade area. Directly behind the entrance and 52 screens was an area of special trampolines called the Basketball Slam Zone. The slam zone was 53 broken into sections based on height since the basketball goals were set up to match the height of 54 the participants in each zone. To the right of the slam zone were the foam pit trampolines for 55 kids to launch into pits full of foam blocks. The foam block pits were marked by age, but no one 56 seemed to pay attention to who was in what age section. For instance, I witnessed some big kids 57 – definitely high school – in the two- to four-year-old section. I never saw any of the watchers or 58 other staff over there. Finally, to the far right were the big trampoline areas. The trampolines 59 were broken up with a jump zone for the younger kids, and then the trampoline Dodgeball Zones 60 for the older kids. 61 As I mentioned earlier, when you first come into the building there were two banks of large 62 screen TV’s. I am told they were supposed to constantly display Springs Park’s safety warnings, 63 rules, and waivers for participating in the trampoline park. I say, “supposed to,” because none of 64 the screens were working. Instead, there were two people sitting at a counter, handing out 65 waivers to be signed, collecting payment, and distributing colored wristbands. The person I 66 spoke to asked me to sign a waiver form for each of my boys to play. Jason was only two. I said 67 no to signing for Jason. I was told that Jason could easily play in the foam block pits. Again, I 68 declined. Then I asked what was on the form I was to sign. The person shrugged and said, “You 69 know, just stuff saying it is okay for your kid to play on the trampolines.” I asked if I could read 70 the form, and I was told there was not enough time to wait on me with all the people coming in 71 the door. Against my better judgment, I signed the form. I assumed I would get a copy to read 72 later. I never saw the form again until after Wade died and we met with my attorney. The Springs 73 Park Liability Waiver Form I signed looks identical to the one marked as Exhibit #3, and that is 74 my signature. I felt rushed to sign it because I don’t recall initialing anything on the entire 75 document. I do not ever remember seeing the signage with all the warnings on it like they have 76 marked as Exhibit #2. 25  77 Wade was very excited about going to Springs Park because of winning the JV Championship. I 78 knew the team would be burning off energy particularly in the trampoline dodgeball zones. 79 Wade was great at dodgeball, and almost always was the last one standing. There were glass 80 walls separating all the different areas of Springs Park, including the hallways. Unfortunately, 81 parents could only sit and observe from the vending and seating area. All the other places like 82 this, where we had been before, had benches in the hallways for people to sit much closer to 83 everything and watch their kids. The TVs were working in the vending and seating area, so I 84 kept Jason with me, and we watched the screen with Wade appearing on camera every so often. 85 The vending area was probably the only relatively quiet place in Springs Park. I checked a few 86 emails and looked at Facebook for a couple minutes while Jason and I were waiting. Jason 87 toddled around, climbing on and off the chairs scattered around the room. I had just put my 88 phone down and heard loud screams from the Dodgeball Zone. I looked up at the screen to see 89 what it was, and my heart stopped. The screen where Wade had been popping up was full of 90 people standing around someone on the trampoline. I could not see Wade anywhere, and I 91 instantly started heading that way. I scooped up Jason and ran towards the Dodgeball Zone. 92 I saw that there was a crowd coming out from the last Dodgeball Zone, marked 13–and–up. I 93 hoped for just a second that Wade was not in there because he was only 12. Robin was inside the 94 room’s entrance and looked at me and said, “Wade is hurt.” I remember carefully and quickly 95 walking on the padded springs to get to Wade. Wade was at the edge of the mat next to the 96 padded parts that cover the trampoline springs. His eyes were closed, and his head was cocked at 97 a strange angle. He was not moving at all. As I got there, I heard one of the staff calling for an 98 ambulance, who said, “The kid had a bad fall. He is not moving and has a weak pulse, but I 99 heard what sounded like a moan.” I leaned down towards Wade telling him to wake up and how 100 much I loved him. There was someone telling everyone to stand back and not make the 101 trampoline bounce. I remember the Emergency Medical Technicians (EMTs) coming in and 102 telling us to back away from Wade. They took one look at Wade’s position and shook their 103 heads. The EMTs put Wade in a neck collar, put him on a backboard, and loaded him into the 104 ambulance. 105 Jason and I rode in the ambulance with Wade. The EMTs gave him oxygen, but I knew they only 106 did that for me. When the ambulance arrived at the Emergency Room (ER) entrance – only about 107 a three-minute ride – the ER doctor declared Wade dead. Saying that I was crushed does not 108 even begin to describe my emotions. An irreplaceable part of my life has been taken from me. 109 Wade had such a short life. He was born September 17, 2010, and died April 22, 2023. 110 The days following Wade’s death were horrible. Taylor had emergency leave to come home 111 from Germany. We buried our son on the following Thursday. Burying a child is the worst thing 112 in the world for parents to do. In the days following Wade’s funeral, I received a copy of the 113 Coroner’s Report for Wade, which is marked as Exhibit #5. The report was very clear that Wade 114 was healthy until his spinal cord was severed between vertebrae C1 and C2 causing his death 115 within minutes. I began thinking about this happening to other families and researched more 26 116 about trampoline parks. I read Dr. Barton’s article on the internet about the dangers of 117 trampoline parks and other high-risk sports. How many kids have to get hurt or killed in places 118 like this before someone does something? I could not take it anymore. After reading Dr. Barton’s 119 article, I decided to seek out an attorney to file suit against Springs Park, Inc. I later spoke with 120 Dr. Barton to give details surrounding Wade’s death along with a copy of the Coroner’s Report. 121 Dr. Barton agreed to testify in this case. We want more than a financial penalty. We want 122 Springs Park, Inc. to stop operating because they killed someone. And not just anyone – they 123 killed our son. I have reviewed this statement, and I have nothing of significance to add at this time. The material facts are true and correct. Signed, Dakota Stark Dakota Stark Christiana Barrow Christiana Barrow, Notary State of Utopia My Commission Expires: 08/12/2029 27  AFFIDAVIT OF ROBIN HILL 1 My name is Robin Hill. I am 14 years old, almost 15. I am now a freshman at Blue Pointe High 2 School. I grew up in Meadow Bay. Wade and I were good friends. We met right after Wade’s 3 family moved here. One of Wade’s parents, Taylor, is in the Air Force, so they moved around a 4 bunch before relocating to Meadow Bay right down the street from me. When Taylor was 5 transferred to Germany, Wade’s parents decided to keep Wade and his brother Jason in Meadow 6 Bay. I was so happy when they decided that because Wade and I were great friends, and I did not 7 want to see him go. We did everything together; rode our bikes, went jogging, jumped at 8 trampoline parks, went to the movies, and hung out as much as we could. 9 I was at the championship playoff game to cheer on Wade and the rest of the Blue Pointe High 10 School JV Soccer team on April 22, 2023. I do not play soccer because I am into running, 11 trampoline parks, and parkour. Parkour is modeled after military obstacle course training. 12 Parkour includes free running, climbing, swinging, vaulting, jumping, rolling, and so much 13 more. It is lots of fun. When I travel with my parents, I make it a point to go try out different 14 trampoline parks. Someday I would love to compete in American Ninja Warrior. The strength 15 and determination those competitors have is amazing. I am the one who got Wade interested in 16 trampoline parks. There are so many flips and tricks you can do in the air if the trampoline 17 springs are just right. We had been to Springs Park together multiple times before without our 18 parents. 19 Anyway, after Wade’s team won the game a bunch of us caught up with the team on the field. It 20 was a tough match and both teams were very aggressive going after the ball and slide tackling. I 21 saw Wade take a couple hard knocks during the game. The hardest hit was when a guy knocked 22 Wade’s legs out from under him during a corner kick. Wade went down hard on his shoulders, 23 neck, and head; but he bounced back up and finished the game like nothing happened. While on 24 the field celebrating after the game, Wade told me Coach Price said they were going out for 25 pizza and then some jump time at Springs Park after lunch, which of course I thought was 26 awesome. I was willing to pay my way to hang out with Wade and the team. I rode to the game 27 with another friend’s mom, and she agreed to drop us off at Springs Park after getting pizza. I 28 had my cell phone, so my plan was to call my parents for a ride home when we were done or 29 hitch a ride back with Wade. 30 After eating pizza and hanging around for a while, we left for Springs Park and arrived just 31 behind the soccer team’s bus. My friend and I joined the large growing crowd of people going 32 inside. When entering, there were digital display screens that usually showed the waivers and 33 trampoline park rules, but they were not working that day. I have seen the Springs Park Safety 34 Rules, marked as Exhibit #2, plenty of times on the digital display screens when coming in there 35 before. I think there were even a couple of safety rules posters throughout the park. In addition to 36 the screens not working, the iPads we generally use to sign for the waiver form were also not 37 working. Since everything was down, we had to line up at the counter to sign the actual waiver 28 38 forms, like the one marked as Exhibit #3, pay, and get our color assigned wristbands. You know 39 how it is – sign, pay, get your wristband, and go in. No one was taking the time to read the forms 40 before signing. The more I think about it, I do not know anyone who reads those forms. I do not 41 think I have ever seen my mom read one of the forms before signing. My parents were not with 42 me, so I just signed my own waiver, put my age as 13 on the form and no one asked about it, 43 even though I was only 12 at the time. I got a blue wristband for the oldest group – the 13–and– 44 up crowd, because almost everyone on the JV soccer team was already a freshman at Blue Pointe 45 High School, and I wanted to play in the oldest group like the rest of my friends. 46 Springs Park used to be my favorite trampoline park before Wade died. The reason I liked it best, 47 besides the fact of it being the biggest trampoline park in the state, is that the staff who run the 48 place let us get away with things that other places usually do not allow. We could have two or 49 more people on a trampoline area to get a “double bounce,” which is timing the jumps so that the 50 second person gets launched way high. The Dodgeball Zones were always aggressive. They were 51 aggressive for several reasons. First, there were times when there would be no watchers in the 52 13–and–up area at all because they were short staffed, which made it kind of a free-for-all. Then 53 there were times that the staff would egg us on to throw the dodgeball harder or jump higher in 54 the Dodgeball Zones. Finally, I do not remember ever seeing anyone check wristbands when 55 going into the different trampoline areas. The watchers are supposed to look and see what color 56 wristband is being worn. Green for the little kids, then yellow, red, and finally blue for the oldest. 57 The areas are color coded by age and they match the colored wristbands assigned at check-in. 58 When looking at the Springs Park diagram, marked as Exhibit #6, it clearly shows the different 59 areas based on age. I do not remember ever seeing those rules enforced – except maybe in the 60 area with the little kids. 61 Once everyone made it past the craziness of the front check-in area, we were all having a lot of 62 fun celebrating the win and jumping in the different zones. We took some time in the basketball 63 slam zones getting some big air for our slam dunks. Wade was good at this. To be honest, Wade 64 was great at every sport he ever tried. There were several newspaper articles about how great a 65 soccer player he was, and colleges were falling all over him as a seventh grader to try and lock 66 down his commitment. Wade played church league basketball, and everyone was trying to get 67 him to go out for the high school JV basketball team too. 68 After a while, we left the Basketball Slam Zones and went over to the far side of the building 69 where the Dodgeball Zones were. Wade wanted to go into the 13–and–up room, because that is 70 where the rest of the team was, even though Wade’s wristband was red. I know Wade did not 71 have the right color wristband for the blue zoned area, and besides, we had done it before. Wade 72 had on a long sleeve gray t-shirt because it had been a little cooler than usual. As normal, I was 73 in a short-sleeved t-shirt. No one ever asked about our wristbands or seemed to notice who was 74 in what room. I really think they just wanted to be sure the bigger kids were not in the little kids’ 75 space. Other than that, the staff there did not seem to care. 29  76 As soon as we went into the Dodgeball Zone for 13–and–up, I knew things were going to be 77 rough. There were a bunch of seniors and some people who looked like they were in college. I 78 don’t know how old they were, but they were really big guys. They were throwing at everyone 79 else in the Dodgeball Zone as hard as they possibly could. There were two watchers there when 80 we first went in the zone. One watcher left shortly after and never returned, which left just one 81 person in charge of that huge room full of people trying to kill each other with dodge balls. 82 Occasionally, the manager, Jordan Banner, would step in for a minute or two. I felt like Jordan 83 stepped in the room for the entertainment value and not really working or keeping the peace so to 84 speak. I had previously seen Jordan urge kids to throw harder and do more to knock other kids 85 down. If I had gone to school with Jordan, I would probably refer to Jordan as a bully. 86 After Wade and I first walked in the Dodgeball Zone for 13–and–up, we stayed on the mats 87 against the wall surrounding the trampolines. I think we were both trying to get a feel for the 88 room. Wade was watching his teammates. A round was already going on, and we did not want to 89 jump into the middle of them playing. We agreed to get in on the next round. I saw a lot of hard- 90 hitting dodgeballs. The rules say not to intentionally hit someone in the head with the ball, but it 91 was happening anyway. One kid sprang pretty high off the trampoline and an older guy hit him 92 in the face with the dodgeball so hard he kind of flipped backwards in the air and landed on the 93 trampoline flat on his back. That kid’s face was so red from the impact of the ball. He bounced 94 back up and everybody cheered. The game finally ended, and the biggest guy was the winner. He 95 had to be a varsity football player, or maybe even in college. Let’s just say he was huge. 96 There was a five-minute break following the last dodgeball round allowing everyone to rest. 97 Once the watcher was back from the break, we started the next round. Wade and I went to 98 different parts of the mat because we have different strategies on playing the game. I stayed 99 toward the middle of the trampoline and ducked and dodged behind different people. I would 100 occasionally bounce high to attract someone to throw the ball at me. I could usually catch the 101 ball when up in the air like that. If you catch a ball someone is throwing at you, then they are out 102 and you obviously have the ball to throw at someone else. Dodgeball in a trampoline park can be 103 something of a free-for-all. Wade’s style of play was a bit different. He stayed toward the back 104 of the trampoline area where the mats cover the springs. It is not as bouncy close to the edges 105 and gives more stability for moving and diving. 106 With the older guys playing, the crowd playing was thinned out pretty quickly from their throws. 107 The watcher was sitting back watching it all. I do not think the watcher said anything positive or 108 negative during the round. After I was tagged out of the game, I went to the front edge of the 109 mats near the room’s entrance, which can be seen on the diagram, marked as Exhibit #6. I could 110 see pretty well from the edge of the room. Wade, the smallest of the five remaining, was holding 111 steady. One of the big guys, the same one who got me out and who hit a kid in the face the 112 previous round, seemed to always throw directly and only at Wade. I could tell from Wade’s 113 smile when he would turn my direction that he was loving the attention and the frustration he 114 created in that guy. The big guy got the ball back after it bounced off another player and looked 30 115 directly back at Wade. The guy with the ball faked a hard throw. Wade went for the fake and 116 changed direction back to the right toward the edge of the trampoline where the trampoline and 117 the mats meet. As soon as Wade went for the fake throw, the guy with the ball grinned and 118 hurled it as hard as he could at Wade. Wade awkwardly leapt up to try and dodge the incoming 119 ball, but this move didn’t work. Instead, the ball hit Wade hard in the left shoulder and 120 completely wrecked his balance. He yelled as he fell badly. His head and neck hit the edge of the 121 mats where the trampoline surface meets the springs. There was a sickening cracking noise and 122 Wade did not move. I do not know if he made a sound because everyone gasped when they saw 123 what happened. Some of the bigger kids at the other end of the room were yelling for Wade to 124 get up and get out of the way. Then things got really quiet when he did not move or respond. 125 With the room quiet, Jordan ran into the room and over to where Wade went down. Jordan asked 126 Wade to wake up. When Jordan did not get a response, Jordan checked for a pulse and looked 127 panicked. Jordan immediately pulled out a cell phone and called 911. Everyone stopped moving 128 in the Dodgeball Zone. It was eerie how still and quiet the room was. I could hear everything 129 Jordan was saying to the 911 dispatcher. I do not know how long after that, but Wade’s parent, 130 Dakota, came rushing into the room and carefully walked along the padded mats covering the 131 springs to get to Wade. Jordan waved everyone else back and said not to make the trampoline 132 move based on Wade’s injury. A few minutes later, EMTs came into the room with a backboard 133 and collar for Wade’s neck. They got him on the backboard and slid him off the trampoline and 134 put him in the ambulance. None of that mattered. I could tell from the reaction on Wade’s 135 parent’s face that Wade was probably dead. Wade never woke up and was declared dead at the 136 hospital. My parents told me they learned Wade’s death was due to his neck breaking at the base 137 of his head, which severed his spinal cord. As a result, his body did not know how to continue 138 breathing or pumping blood. Since Wade’s death, I have not been back to any trampoline park. I 139 had no idea how dangerous trampolines could be. 140 I was contacted by Dr. Barton after Wade’s death. I was asked questions about what happened 141 the day Wade died. It was very hard reliving that day and here I am testifying about it again. I have reviewed this statement, and I have nothing of significance to add at this time. The material facts are true and correct. Signed, Robin Hill Robin Hill Rachel Bramble Rachel Bramble, Notary State of Utopia My Commission Expires: 08/12/2029 31  AFFIDAVIT OF MILLS BARTON, M.D. 1 My name is Mills Barton. I am 57 years old. I currently live in San Diego, California. I guess 2 you can say I have gone coast to coast, as I grew up on the coast of Utopia and played all sorts of 3 sports growing up. I followed in my mother’s footsteps and went into medicine but combined 4 that with my passion for sports. I earned my bachelor’s degree from Northwestern University in 5 Evanston, Illinois, and my M.D. from Johns Hopkins University in Baltimore, Maryland. I did 6 my residency in the Shock Trauma unit at the University of Maryland Medical Center and left as 7 the senior chief resident. As the senior chief resident, I had many job opportunities, but the one 8 that looked the most interesting and exciting was working for an NFL team. I ended up with the 9 Indianapolis Colts as their team physician. I am board-certified in Orthopedic Surgery with a 10 specialization in Orthopedic Sports Medicine, which of course includes traumatic sports injuries. 11 I have practiced medicine for 30 years. I have seen almost every type of trauma that people can 12 inflict upon one another or themselves, as well as nearly every type of accident that can occur 13 while participating in sports activities. I currently serve as the Chair of Emergency Medicine at 14 Scripps Mercy Hospital in San Diego. My education, professional experience, licenses, and 15 honors along with publications and professional affiliations are all noted in my curriculum vitae, 16 which is marked as Exhibit #7. What will not be learned from that document is that I am also an 17 avid surfer and that was one of the big draws for me to take a position on the California coast. 18 Additionally, I take on consulting work from time to time including testifying in cases all over 19 the country. 20 In late May 2023, I was contacted by attorneys for the Stark family and I agreed to investigate 21 the specifics of Wade Stark’s death. In addition to my credentials, the reason I was contacted by 22 the Stark family was because of my peer-reviewed article in the Journal of Sports Medicine and 23 Injury Prevention in February of 2023. This article highlighted the dangers of trampoline parks. 24 The article also covered other aspects of non-mainstream sporting activities, which included rock 25 climbing gyms, “Mud Run” events, parkour parks, and the newer “Ninja Warrior” style gyms. 26 This February 2023 publication was about critical safety measures needed for these types of 27 events. The publication received many accolades in medical circles for the way in which it 28 evaluated the elevated risk and correlated it with the higher levels of medical care needed onsite. 29 One aspect of these parks and events most troubling to me as a physician is that they do not have 30 adequate medical care readily available. My recommendation for safety measures would be for 31 all such organizations and events to employ, at a minimum, an Emergency Medical Technician 32 (EMT) Level I staff member who would always be present when these businesses are open or 33 when these types of functions take place. While adding an EMT does not reduce the number of 34 injuries, it does expedite medical care. This agrees with the type of training I received at Shock 35 Trauma, and the theories of care put forth by its founder, Dr. R. Adams Cowley. Of course, 36 hiring an EMT is an additional cost to businesses, which is why so many do not hire an EMT. At 37 best, most of these places have high school kids who have been through Red Cross 38 Cardiopulmonary Resuscitation (CPR) and First Aid training. At worst, employees who could 32 39 not properly apply a band-aid are hired. Even if Springs Park had employed an EMT at all times, 40 there would have been no way to save Wade Stark’s life. Based upon my research and 41 investigation into Wade Stark’s death, better controls over guests and enforcement of rules, 42 including keeping younger children away from the older participants, would have prevented us 43 from being in court today over this boy’s death. 44 For the purposes of my investigation and evaluation of Wade Stark’s death, I spoke with Dakota 45 Stark, Robin Hill, Jordan Banner, and Sidney Wilson. I reviewed the Springs Park Diagram 46 marked as Exhibit #6, the 911 Transcript marked as Exhibit #4, and the Coroner’s Report 47 marked as Exhibit #5. After speaking with Dakota Stark and Stark’s attorneys, I knew this 48 inquiry would be difficult for all parties involved. However, I can review a case without emotion. 49 What we in the medical community know largely to be fact is that trampoline parks are 50 inherently dangerous. This is an expansion of the dangers presented by having a trampoline at 51 home. It is a verifiable fact that home insurance is negatively impacted by the presence of a 52 trampoline. Some insurance companies treat trampolines as a greater risk than having a pool on 53 the same property. Heritage Owners Group Insurance is one example of a company with higher 54 premiums for a trampoline than a pool. I have testified in a dozen trials where Heritage was 55 involved. Owning a trampoline is risky enough. Now multiply it many times over and then one 56 can begin to see the amount of risk for a trampoline park with so many trampolines and many 57 more people crowded in one location. 58 Most insurance companies and emergency room physicians will tell you the majority of 59 trampoline park injuries come from people crashing into one another. Too many people in too 60 small of a space creates a perfect storm for injuries. Do not even get me started on the quantity of 61 bacteria and viruses that live in the foam block pits at these trampoline parks. As noted by the 62 National Institute for Health (NIH) in the mandatory reporting process for Emergency Room 63 (ER) visits, there are over 100,000 trampoline injuries severe enough to warrant an ER visit in 64 the United States per year. As there is no national regulation, or for that matter no consistent 65 state regulation, we have no record of all injuries which occur at trampoline parks – only the 66 ones serious enough for ER treatment. With that in mind, simple bumps, bruises, sprained 67 ankles, dislocated fingers and the like constitute many more injuries which go unreported. I 68 would feel confident in projecting the true number of all injuries related to trampoline parks to be 69 on a scale of at least ten-fold compared to the ER statistics. I have reviewed the Springs Park 70 Injury Record Form marked as Exhibit #1 for the period of January to June 2023. It is not 71 surprising to see the types of injuries reported. It also speaks to the NIH statistics and a greater 72 estimation by healthcare workers of undocumented injuries. For all the injuries noted, Wade 73 Stark’s was the first incident requiring an EMS unit to be called to this location. 74 One thing somewhat unique to Wade Stark’s death is that it did not involve crashing into another 75 person. Rather his death was likely due to impacting the protective mats and the supporting 76 springs of the trampoline. Any participant’s risk would be increased when participating in a 77 game of dodgeball while jumping on a trampoline. These two independent activities carry their 33  78 own injury risks; therefore, when they are coupled together there is an increased recipe for harm. 79 Wade was involved in a soccer match earlier in the day with physical exertion and a possible 80 injury reported by witnesses, which included a fall on the neck and shoulder area. Nothing in 81 Wade’s autopsy, marked as Exhibit #5, reflected an injury sustained earlier accounting for or 82 contributing to his death. Instead, Wade’s death occurred as a direct result of activity at Springs 83 Park and nowhere else because the spinal cord was severed between the C1 and C2 vertebrae, 84 causing death within minutes. 85 The autopsy for Wade Stark indicates an otherwise healthy male with a broken vertebra near the 86 base of the skull. This break caused a sharp shift in the spinal column resulting in the broken 87 bone slicing through the spinal cord. The break would have been very painful and then all feeling 88 would stop. Death most likely followed within a few minutes as his body could no longer 89 regulate his heartbeat or breathing. Prior to the injury, Wade was in excellent health, as was clear 90 because all cardiovascular, respiratory, liver, and gastrointestinal exams came back normal. 91 There were no positive results on any of the toxicology tests. Except for breaking his neck from a 92 very hard impact, Wade should have lived a long life. 93 In my professional opinion, a fall like that could not have resulted in death without mats being 94 moved, damaged, or not of the right thickness. Wade must have hit either the springs attached to 95 the jump surface, or the metal framing to which the springs attach. As I have said many times, 96 both in this affidavit and in my other articles on risks with these types of sports, a lack of federal 97 or consistent state level regulation is a major factor in injuries. I know from my research that 98 Sidney Wilson, the owner of Springs Park, is a member of the International Association of 99 Trampoline Parks (IATP). That is a step in the right direction, but this association does nothing 100 more than provide what I would call bare minimum guidelines. 101 When I met Sidney Wilson at Springs Park, I had an opportunity to tour the facility. I 102 specifically looked at the Dodgeball Zone for ages 13–and–up, which is marked on Exhibit #6. 103 Wilson pointed out the Springs Park Safety Rules posters, which were posted on the wall and 104 also scrolling on TV monitors that were throughout the building. These rules are marked as 105 Exhibit #2. We left the lobby area and went to the room where Wade Stark died. I conducted an 106 examination of the equipment, including the pads; however, I was not allowed access to the area 107 underneath the trampolines. The pads covering the springs to the trampoline surfaces were about 108 one inch thick. Residential thickness is considered to be a half inch thickness. An upgrade 109 beyond that sold by many suppliers comes in a two-inch thickness. In some cases, such as safety 110 equipment and pad thickness, bigger is better. It is true Springs Park exceeded the IATP 111 recommended thickness by using one-inch-thick pads instead of half-inch-thick pads, but it was 112 obvious to me that the pads were worn thin. When I asked Wilson about the pads, Wilson 113 indicated that the pads had not been replaced since opening. Foam padding over time 114 compresses. Think about your average seat cushion at home. It is thicker by far than the safety 115 pads we are talking about. Even still, these cushions compress over time from use and must be 116 replaced. It is no different with mats on a trampoline surface. In fact, it is even more important to 34 117 replace these mats far more often than a seat cushion at home. They undergo far more weight and 118 stress of impact from people falling on them, stepping on them to get to the trampoline surface 119 and so on. Without a set schedule to replace these mats, their ability to protect someone like 120 Wade Stark from the hard metal and springs beneath is greatly impaired. 121 When the totality of the circumstances is considered, the combination of a child being in an area 122 with older and larger people, inadequate staffing, lack of trained first responders onsite, the high- 123 risk nature of trampoline dodgeball, and safety mats which have never been replaced, it is logical 124 to conclude that the death of Wade Stark was the direct responsibility of Springs Park. Springs 125 Park should compensate the Stark family for the loss of their child, Wade Stark. 126 I have reviewed this statement, and I have nothing of significance to add at this time. The 127 material facts are true and correct. Signed, Mills Barton Mills Barton Haley Kramer Haley Kramer, Notary State of Utopia My Commission Expires: 08/12/2029 35  AFFIDAVIT OF SIDNEY WILSON 1 My name is Sidney Wilson, and I own three Springs Park locations. Some people try to call me 2 Sid, but I prefer Sidney. I am 55 years old, and I have lived in Utopia all my life. I went to public 3 schools in Florence, and then went to Francis Marion University, where I majored in 4 Environmental Science. It was a wonderful school and program which allowed me to be 5 outdoors during my college days. I moved to Meadow Bay after college and have been here for 6 over 30 years. I love kids and love entertaining them. Personally, I have four kids, and we 7 thoroughly enjoy being active. I have worked with kids in one way or another since I was a 8 teenager and took a job as a counselor at Camp Don Lee. 9 After moving to Meadow Bay, I worked as an environmental safety officer for the local textile 10 company. I spent my time split equally between the office and being out and about at different 11 facilities. My job was to make sure all the Occupational Safety and Health Administration 12 (OSHA) and Department of Health and Environmental Control (DHEC) rules were always 13 complied with. In making textiles, like someone’s shirt for example, there are tons of different 14 chemicals and machines in use. Each has its own set of regulations. We certainly would not want 15 to do anything to pollute our amazing town. 16 In 2014, while still working textiles, I started thinking about the Walmart that closed near my 17 home. The store moved to a newer and bigger location across the street, leaving an empty 18 building sitting abandoned. Larger cities have more opportunities like trampoline parks, rock 19 climbing and the like. I said, “Why not us?” and that is how Springs Park got its start. I 20 purchased the old Walmart on West Maple Drive and started converting it into a trampoline park. 21 I worked another year before officially opening Springs Park in 2015. I love exercising in 22 different ways and trampoline parks, like Springs Park, are an amazing way for kids to exercise 23 without knowing it. I feel like trampoline parks help fight the obesity epidemic in our country. 24 Being a small business owner is tough. I put everything I had into getting the first location 25 opened. A lot goes into operating a trampoline park. It is not just putting in some trampolines 26 and saying “Hey, we are open for business.” There is research on what equipment to buy, what 27 type and thickness of mats to use, how to maximize space, how to fit within existing regulations 28 like fire codes and so on. I am big on following the rules, so a lot of time went into figuring out 29 what rules existed. Shockingly in the United States, there really are no regulations about 30 trampoline parks. I did the next best thing I could do to operate the trampoline park with safety 31 in mind, which was to join the International Association of Trampoline Parks (IATP) for 32 guidance. I have been a member since 2014. 33 The IATP does a great job explaining to its members what the best practices are for the sport of 34 trampolining, and gives legal, safety, and business guidance. I have followed every IATP 35 guideline in running Springs Park. While I started out with one trampoline park, I now have three 36 locations. The first one opened in 2015, and business exploded from the moment we opened the 37 doors. As I can tell you from my own experience, everyone of all ages wants to jump on a 36 38 trampoline and being indoors with regulated temperatures makes it so much more enjoyable. In 39 the dead of winter or in the heat of summer, we are open and perfectly regulated at 72 degrees. 40 Shortly after opening, I started thinking about adding a second location. Within two years, I 41 bought an old Bi-Lo building and opened the second park. The third park was added in 2021, 42 also an old Bi-Lo. 43 Regarding trampoline parks, they are designed in such a way to maximize the use of space. Most 44 trampoline parks are located in vacant buildings, such as old grocery stores or large box stores 45 like Walmart. This is beneficial for a few reasons. First, it repurposes older buildings and 46 prevents vacant storefronts, while reducing crime. Second, it massively saves on construction 47 costs. Third, it allows trampoline parks to integrate into the local community as it already exists, 48 which makes us easy to find and centrally located in common places. 49 All my locations are set up the same way, and look exactly like the Springs Park diagram, 50 marked as Exhibit #6. This consistency makes it easier for the customers coming into different 51 locations of Springs Park, but more importantly it makes it easier for me to shuffle staff around 52 the three locations. With everything laid out the same way, there is no learning curve for staff 53 members or customers in figuring out where things are located. By repurposing buildings, we 54 have plenty of interior space with high ceilings, so the process of setting up the crawl space and 55 elevated hallways for the different types of jump zones was easy. We have five Basketball Slam 56 Zones, five zones for foam block pits, and even a dedicated trampoline and observation area for 57 two- to four-year-olds. To top it off, our biggest draw is the trampoline Dodgeball Zones. Each 58 Dodgeball room has eight trampoline mats that measure 16 feet x 16 feet each and can hold a 59 maximum of six people per mat. 60 I have been considering a fourth location a little further out in the suburbs. Jordan Banner has 61 been actively campaigning for me to open a fourth location and wants to be more than a facility 62 manager. Jordan wants to be a full partner at the fourth park. Jordan has been such a great leader 63 at the West Maple location that I would have no problem being in business with Jordan. It might 64 even be my first opportunity to start a franchise. Jordan was a great hire and has been successful 65 in many different roles. Of my three locations, I never worry about West Maple because Jordan 66 is in charge. 67 With multiple trampoline parks open, I am constantly bouncing from site to site. I visit each 68 location every single day. With my first park, I worked seven days a week. Once I opened the 69 second and third location, I thought it was best to make sure there was at least one day of rest for 70 everyone. As of now, we are open Tuesday through Sunday from 11am to 9pm and closed 71 Mondays. Checking every park daily can be physically demanding, but it is important for me to 72 know what is going on at each location and to have those one-on-one interactions with staff and 73 customers. 74 Once we purchase a building and it is reconfigured to a trampoline park, we work to equip it 75 properly. All the mats and springs purchased are the best quality on the market. High tension 37  76 springs get a better bounce, and the springs last much longer than standard. We used upgraded 77 protective mats at the edge of the jump surface as well. Standard pad thickness considered 78 acceptable by IATP is half-inch-thick pads with one-inch overlap onto the jump surface. Overlap 79 onto the jump surface means they cover all the springs and at least one inch onto the jumping 80 area. As an extra precaution, the pads for all my parks are one inch in thickness covering the 81 springs and overlapping the jump surface by four inches. By doing this, it greatly decreases the 82 chances of an injury from a pad shifting out of place – not to mention the mats are twice the 83 recommended thickness. 84 The better trampoline parks – and certainly mine – have numerous staff members on hand to see 85 to our guests’ safety with a minimum of fourteen staff working at any given time at each of my 86 parks. IATP recommends one staff person per jump zone, and at least one staff member floating 87 from zone to zone. There are monthly staff meetings and employee training to include annual 88 Cardiopulmonary Resuscitation (CPR) / First Aid training and refreshers, customer service 89 lessons, and training on how to spot dangerous behaviors that may escalate to injuries. All in all, 90 every new employee receives 40 hours of training shadowing another employee when they start, 91 and then over the course of every year I spend at least 20 hours of time per employee on the 92 various trainings. At fifteen dollars per hour for my average employee pay, that is three hundred 93 dollars per year / per employee I am spending training staff to be the best they can be. That is 94 certainly a cost outside of normal operations. The cost is worth it to make a safer environment 95 for our guests. 96 All good trampoline parks like mine also have a color-coding wristband system based on the 97 guests’ age. For my parks, 2–4-year-olds wear green, 5–8-year-olds wear yellow, 9–12-year-olds 98 wear red, and everyone 13 years–and–up wears blue. We do not have any age restrictions other 99 than children less than two years of age cannot participate. IATP does not recommend children 100 under two at trampoline parks as their bones are not developed enough to handle bouncing. 101 Different areas of the park are designated by the corresponding color. This is a good way to 102 make sure that younger guests do not get trampled on by the older ones or bounced too high. My 103 staff gently reminds and removes people from any area not matching their color-coded 104 wristband. 105 The IATP recommends every member park have posted rules, signed liability waivers, and 106 adequate staffing. The park’s safety rules, which are marked as Exhibit #2, are posted at each 107 location. In the beginning, the liability waiver forms were done in person by initialing and 108 signing; and then filed by staff. The Springs Park Liability Waiver Form is marked as Exhibit #3. 109 Four years ago, we switched to video display boards in addition to the posters to show both the 110 rules and sample waivers. The rules are standard to those recommended by the IATP. All 111 waivers were then done on iPads stationed throughout the entryway. The great thing about the 112 iPads is that they automatically file the liability waiver form based on the last name typed in the 113 form. The information then goes to a storage server and if there were ever any questions, we 114 could easily find the waiver. If anything went wrong with the iPads, we could always go old 38 115 school and have guests physically initial and sign the Springs Park Liability Waiver form. The 116 waivers were drafted by my attorney and then submitted to the IATP. No one there ever objected 117 to any of the wording. I am smart enough to know I should not try to create a legal document 118 myself. I figured if the attorney did the waiver, everything in it should be legal. 119 Prior to Wade Stark’s death, I have never had any injury resulting in a lawsuit. Sure, there have 120 been, and we will continue to have, minor injuries, which happens with almost any business. 121 Look at grocery stores, for example, where customers report having slipped or fallen off curbs 122 with their grocery carts. I bet there are a higher number of injuries at grocery stores than at my 123 trampoline parks. The injuries that happen most often at trampoline parks, including my own, are 124 people crashing into each other up in the air while jumping. Air bumping usually results in 125 obvious bumps, bruises, and the occasional bloody nose. Outside of that, we get the occasional 126 sprained ankle, or dislocated finger from a guest falling badly. There are always staff members 127 onsite who are trained in first aid. We have ice packs and ace bandages for those emergencies. In 128 fact, the Springs Park Injury Record from January to June 2023, which is marked as Exhibit #1, 129 is on hand for review. As part of the IATP standards, we keep a copy of our injury records at 130 every location. The data is available for anyone that wants to request it for review. The number 131 and types of injuries on Exhibit #1, except for this unfortunate death which has only occurred 132 once, is about average for my complexes as well as other trampoline parks that are members of 133 IATP. In addition to our training and liability waivers, either a facility manager or I conduct 134 daily checks of the equipment at all locations. These inspection checks ensure everything is in 135 good working order, and mats completely cover springs and other hard objects. The inspections 136 also prevent the ty