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file transfer between school and home
Wednesday, 28 January 2009
New Plaintiff Closing
Your honor, ladies and gentlemen of the jury-

Today you have heard testimony in the case of my clients against Mr/Ms Parker Plane and her company. You have heard the defense attempt to prove to you that Mr/Ms Plane is not in any way liable for the actions of her employee, Mr. Reilly Blaker. They have tried to prove that Mr. Blaker's actions were unforseeable, and that Mr/Ms Plane never knew what was going on. You have heard them try to make you believe that Mr/Ms Plane did not act irresponsibly in this matter. And you have heard them try to tell you that Mr. and Mrs. Hansbra do not deserve any compensation for the tragic death of their 17 year old daughter.
However, I believe firmly that our evidence and testimony carry significantly more weight than that provided by defense. We have shown to you that Mr/Ms Plane increased Mr. Blaker's duties significantly, and that she exploited his valuable skills to further her business. We have proved through Mr. Blaker's and Ms. Dylan Sabien's testimonies that Mr/Ms Plane was aware of the business negotiations with Mr/Ms Brody Crisdale, and that she not only approved Mr. Blaker's actions in this matter but also ordered him to continue with his scheme to merge the two corporations. For this reason, all actions by Mr. Blaker fell within the type of employment he was expected to provide the company, and also, these actions were for the purpose of serving the best interests of Mr/Ms Plane and Plane's Park and Polish. By proving this, we have satisfied the requirements of Respondeat Superior, and in so doing met our burden of proof.
In addition, however, we have also shown that Mr/Ms Plane was and is an irresponsible employer. Mr/Ms Plane decided to hire Reilly Blaker even with the full knowledge of his troubled past, which as stated in testimony today included a past DUI conviction and a messy firing from his previous job. Also, we have proven that Mr/Ms Plane knew of Mr. Blaker's unique skill set, which dwarfed that of any ordinary valet.
The testimony of Ms. Sabien further reveals Mr/Ms Plane's irresponsibility. It is the duty of any company president to enforce his or her own rules; however this was something that Mr/Ms Plane seldom did. Employees had essentially gotten away with using company facilities and the company car without permission, violations that were clearly against the company handbook and were supposed to carry heavy penalties. Through Ms. Sabien's honesty we discover that an employee could be chronically late, could frequently cut out early, and could give the minimum effort without ever expecting discipline of any kind. In large part, this was due to another irresponsible action by Mr/Ms Plane, which was eliminating regional managers in a cost-cutting move. As we have shown, Mr/Ms Plane's company was in dire financial straights, yet this does not justify making such a move that seriously hampers accountability and the ability to supervise employees.
Mr/Ms Plane has stated that upon the firing of her regional managers, she expected her other employees, like Mr. Blaker, to step up and take on additional responsibilities. This may seem innocent enough, but we here now know what types of "additional responsibilities she/he was referring to. Yes, Mr. Blaker's actions far overstepped the bounds of a valet at Plane's Park and Polish, but we have made it clear today that Mr/Ms Plane gave full consent to Mr. Blaker's actions, and therefore she/he is fully liable for any and all damages caused as a result of these actions. A terrible tragedy has occurred, ladies and gentlemen, and for this tragedy there is a price that must be payed. I urge you to please hand the bill to the person responsible, Mr/Ms Parker Plane.

Posted by pamoths at 1:36 PM EST

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