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       YOUR Honor, I would like to thank you for your time. THE PLAINTIFF

maintains that Michelle’s Bar was negligent in the hiring of the convicted

criminal, Lee Nash. A PERSON is negligent when they fail to exercise ordinary

care. ORDINARY CARE is the degree if care which the great mass of mankind

exercises under the same or similar circumstances. A PERSON fails to exercise

ordinary care, when, without intending to do any harm, they do something or fail

to do something under circumstances in which a reasonable person would foresee

that by their action or failure to act, they would subject a person or property to an

unreasonable risk of injury and damage.

       MICHELLE WAS negligent in not checking into Nash’s background,

especially when Nash first worked for Michelle under work release privileges, and

as a result Cort Amour was exposed to “an unreasonable risk of injury and

       THROUGH THE expert testimony of Cary Prefect – who has run her own

bar – the Y-not – since 1984 and who was the President of the Clearwater County

tavern League for two years - we learn that Michelle should have asked Nash if he

was ever convicted of a crime and then followed up on her own check.

       PREFECT BELIEVES that Lee Nash was poorly trained in dealing with

conflicts. Nash should have intervened sooner, breaking up the conflict between

Shelby and Tristan. NASH SHOULD also have been trained in verbal

confrontation and should have tried to take a verbal approach to things instead of a

violent one.

       CORT AMOUR was violently beaten up by Lee Nash without

provocation. Amour did nothing to spark such brutal violence. CORT AMOUR

was beaten with a nightstick and sustained a wired jaw and cracked ribs.

       FRANCES O’SHAUGHNESSY was at the bar that night and saw only

one bartender, Lee Nash, bartending on a Saturday, one of the busiest days of the
week. O’SHAUGHNESSY witnessed the fight and testified that Amour “looked

like she had been a few rounds in the gym afterwards.”

      JAMIE JONES also witnessed the fight and saw Nash beat Amour whilst

she was on the ground. JAMIE JONES has been in Michelle’s Bar many times

prior to this incident with a fake ID that Michelle’s lax security let through on

more than one occasion.

      MICHELLE’S BAR is clearly negligent in the hiring and training of its

employees and as a result of this negligence, Cort Amour was brutally beaten

without his consent.

      THIS CASE will be resolved by the answering of seven questions in a

special verdict form. THE FIRST question asks if Lee Nash intentionally battered

Cort Amour. OF course, your answer should be yes. OF COURSE Nash did it

intentionally, do you think s/he could break someone’s jaw and crack their ribs on

accident!? THE ANSWER to that question should clearly be yes! The second

question is just as easy to answer, it asks if the battery caused Cort amour’s
injuries. OF COURSE it did, unless his jaw broke spontaneously. THE THIRD

question asks of Michelle’s Place was negligent in the hiring, training or

supervisings of Lee Nash. YET AGAIN your answer should be yes.

MICHELLE’S PLACE does not check the backgrounds if its employees, letting

a convicted criminal tend its bar. THE BAR is also negligent in the training of its

employees. LEE NASH was not sent through any training courses in verbal

confrontation and the Internet course he took focused more on bottle tricks than

anything else. AS FURTHER proof of Michelle’s negligence, the bar let an

underage drinker into its confines over ten times with a fake ID. THE FOURTH

question asks if Michelle’s Place was the cause of Cort Amour’s injuries. YOUR

ANSWER should be yes once more. BECAUSE OF the bar’s negligence in the

hiring, supervising, and training of the convicted criminal Lee Nash, Cort Amour

was viciously and brutally battered. QUESTION SIX is only answered if you

answered question five yes, but my co council and I hope that you will answer the

question with a resounding no. IN QUESTION seven however, you are asked to
distribute percentages of blame to the various parties involved in this case: Lee

Nash, Michelle’s Place and Cort Amour. BASED ON the evidence we have given

you throughout this case, we hope that you make the right decision and distribute

the blame as follows. 0% TO Lee Nash, 100% to Michelle’s Place, and 0% to

Cort Amour. LEE NASH’S battery of Cort Amour is the direct result of

Michelle’s negligence of the hiring, training and supervising of Lee Nash.

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