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Direct Examination Example Questions

Elroy Fudd testifies about planning his grandmother's funeral after she passed away in 2002. He selected and purchased a Golden Finished Pine casket from Bell's Funeral Home. At the gravesite during the funeral service, the casket handle broke off causing the casket to fall and tip over, resulting in his grandmother's body rolling down the hill in full view of the mourners. Since this traumatic event, Fudd has suffered humiliation in his community, lost his job, and required ongoing psychological treatment and medication which has been financially burdensome. He is now suing Caskets-R-Us, the manufacturer of the defective casket.

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Katie Kilbride
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608 views

Direct Examination Example Questions

Elroy Fudd testifies about planning his grandmother's funeral after she passed away in 2002. He selected and purchased a Golden Finished Pine casket from Bell's Funeral Home. At the gravesite during the funeral service, the casket handle broke off causing the casket to fall and tip over, resulting in his grandmother's body rolling down the hill in full view of the mourners. Since this traumatic event, Fudd has suffered humiliation in his community, lost his job, and required ongoing psychological treatment and medication which has been financially burdensome. He is now suing Caskets-R-Us, the manufacturer of the defective casket.

Uploaded by

Katie Kilbride
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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DIRECT OF ELROY FUDD

(1) Good morning, will you please turn and introduce yourself to the jury?
Good morning, my name is Elroy Fudd.
(2)Thank you. Mr. Fudd, where do you live?
I live here in Flagstone, at 7911 Looney Lane.
(3)And who do you live with?
Well right now its just me and my dog Buster. But before that I lived
with my grandma.
(4)Lets talk about your grandmother for a moment. What was your
relationship with your grandmother like?
Oh my grandma, she raised me. After my mom basically left me and
ran away, my grandma stepped in. She was all I had, until she got
sick.
(5)Can you describe to us your grandmothers physical appearance?
Well, she was a heavyset lady. About 425 lbs.
(6)You said your grandmother was sick, when did she pass away?
She died on back on April 24, 2002.
(7)Now, who set up and planned her funeral arrangements?
Well she already had a plot reserved next to my grandfather, at the
Flagstown Cemetery. But she hadnt set up the actual funeral plans
yet. So I knew I had to step in and take care of it for her, like she
stepped in to care for me.
(8)What funeral home services did you use?
Bells Funeral Home
(9)What led you to Bells Funeral Home?
Well I didnt know the first thing about funerals, or funeral homes.
But my cousins ex-wifes sister recommended Bells Funeral Home
cause she knew the owner, BJ Bell.
(10)

(11)

What happened when you went to Bells Funeral Home?


I got there and I spoke with BJ Bell, the owner. He showed me some
papers with different caskets on it.
Did you decide on a casket?

Yes

Do you remember which one?


No, I dont remember what it was called.

(12)
(13)
(14)

(15)

ENTER EVIDENCE OF CASKET RECEIPT


Your Honor, may I approach the witness?
I am now showing opposing counsel and the witness what has been
previously marked as Plaintiffs Exhibit A for identification purposes
only
Mr. Fudd, do you recognize this?
i. Yes
What is it?
i. Its the sales receipt for the casket I bought from Bells Funeral
Home
How do you recognize it?
i. Thats my signature at the bottom where it says customer, I
went to Bells Funeral Home on that date and bought the
casket.
To your knowledge, have there been any deletions or alterations to
this receipt?
i. Nope, looks the same
Does this receipt aid in your testimony today in recalling what casket
you purchased?
i. Yes
Your Honor, the Plaintiff requests to move into evidence what had
previously been marked as Plaintiffs Exhibit A as Exhibit 1.

Can you read aloud what type of casket you purchased?


Golden Finished Pine,

And will you read the description of the casket?


Dove grey interior, standard handles

(16)
(17)

Thank you. Permission to publish to the jury Your Honor?

(18)
Do you remember why you ended up choosing the Golden Finished
Pine casket Mr. Fudd?
Well I didnt have a lot of money, but my grandma deserved a nice
funeral. This one was pretty plain but it was nice and all I could
afford.
(19)

Did you and Mr. Bell talk about the features of the casket?
Not that I can recall. Mr. Bell really only asked me what I could

afford, which wasnt much. (possible hearsay objection??)


(20)

Did you tell Mr. Bell about your grandmothers size?


Im pretty sure I told him she was heavyset because I wanted to
make sure shed fit in the casket and be comfortable
i. Possible objection: Hearsay
ii. Response: Your Honor, we are not offering the statement for
the truth of the matter asserted, we are offering it for the
effect on the listener, Mr. Bell. (I think the listener is actually
Fudd himself, but worth a shot).

(21)
Moving on to the day of your grandmothers funeral. What happened
on that day?
Well I got to the funeral home before the service. My grandmother
looked beautiful. The service was real nice. Then we took her to the
gravesite.
(22)

What happened at the gravesite?


We was all waiting by the grave at the top of this hill. The pall
bearers, them people from the funeral home, they started walking
up the hill to the gravesite when all of a sudden the handle on the
casket broke off. The casket tipped and fell to the ground. Thats
when the top came off and my grandmother well she ended up
rolling down the hill and ended up at the bottom of the hill.

(23)
So you said you were at the top of the hill. Were you able to see
everything from the top of the hill? (logical inference)
Yes
(24)
Did you see the pall bearers, the guys from Bells Funeral Home, did
you happen to see them hit the casket on the back of the hearse?
No
(25)

Did you see them fumble at all with the casket?


No

(26)
How did you react to seeing your grandmother fall out of the casket
and roll down the hill?
I was horrified. It was so humiliating. This was the woman that raised
me. I didnt know what to do?
(27)

What happened after the casket handle broke?


Well they couldnt get the casket back up the hill without the handle,
so we just had the service down at the bottom of the hill near the
hearse. They got my grandma back in the casket and after the

service some guy with a forklift to lifted her up to the gravesite.


(28)

(29)

How did you become involved in this lawsuit?


I talked to BJ Bell, the owner of the Funeral Home. I found out that
Caskets-R-Us made the casket. And I didnt think it was right what
happened. The handle shouldnt just fall off.
Why didnt you sue Bells Funeral Home for selling you that casket?
BJ Bell didnt make the casket. Caskets-R-Us made the casket, and it
broke.

(30)
Mr. Fudd, what injuries have you suffered since seeing your
grandmothers body roll down the hill at her service?
Well the whole incident was in the paper, and the whole town knows
about it. I had to start driving to a different town to get groceries, I
was so embarrassed. I ended up quitting my job because I just
couldnt face my coworkers laughing at me.
(31)

(32)

(33)

Have you sought any treatment for your issues?


Yes I finally started seeing a psychologist. Which is expensive. I even
saw a hypnotist. Anything to get back to normal.
Did that help you?
Kind of. I have been so depressed since this happened. I cant sleep,
I keep picturing my grandmother rolling down that hill. I need
medicine, but again, those are expensive. I cant afford to keep
getting the treatment I need.
Thank you, Mr. Fudd. No further questions.

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