ead the sample opening statement below, then at least answer the questions asked as listed after the opening statement. Please feel free to comment on any other aspects of the opening statement that you may think is relevant after reading Chapter 4. In addition, please respond to one of your classmates' posts indicating to them whether you agree or disagree with their assessment of the opening statement and why. If you fail to answer why you agree or disagree with a response of substance, many points will not be earned. As you are only responding to 1 classmate for this discussion, your reply to the classmate will be worth 50 points so make your reply count.

Remember to proofread your work and explain your response to your classmate.

Your initial response should be uploaded by Friday, September 26 at 5 pm. Your response to your classmate should be in no later than Sunday, September 28 at 5 p.m.

THIS DISCUSSION RESPONSE AND REPLY SHOULD DEMONSTRATE YOUR KNOWLEDGE OF OPENING STATEMENTS FROM CHAPTER 4.YOU WILL NEED TO BE VERY DETAILED IN YOUR ANSWER.

A Sample Opening by Plaintiff's Counsel

Members of the jury, Jonathan Perry, had a good job; a high paying job. He got injured and was treated by the defendant. As a result of that treatment, Mr. Perry suffered permanent damage- damage that will prevent him from ever doing the outdoor work he loved so much; damage that will leave him with pain and a limp forever; damage caused by the defendant when the defendant became more concerned with his vacation than the treatment of his patient.

March 30, two years ago, is a day Mr. Perry will always remember. It was a Friday. It's the day he had a chain saw injury at work. He was cutting logs when the saw jumped and cut his knee. The cut was deep-to the bone- and his friend, Rick Perna, rushed him to the emergency room where he saw the defendant for the first time.

The defendant was the physician on duty in the emergency room at Calhoun County Hospital. He has a private practice, but he works in the emergency room to earn extra money.

Mr. Perry received pretty standard treatment to begin with on March 30. His wound was cleaned, inspected, and sutured. The defendant also ordered what is called a culture and sensitivity study. What that is, is a test to see if there are any bacteria in the wound, and, if so, what type of antibiotic will kill the bacteria. Up to that point, the defendant was doing all right. What happened after that however, we will prove was the defendant acting incompetently.

Defendant told Mr. Perry to go home, take Tylenol or aspirin for the pain, and come to his private office in a couple of weeks. Mr. Perry, however, could not even wait a week. The pain was too great. In fact, he didn't feel so great on the following Saturday and Sunday. He took his own temperature and had a fever. The leg wound, when he would put his hands near it, seemed to radiate heat. He later found out these symptoms meant he had an infection.

So, first thing Monday morning Mr. Perry went to the defendant's office. He doesn't call but figures it's an emergency. But the defendant's not there. Only a receptionist is around. Seems the defendant went to Bermuda on vacation, and the defendant's partner, Beatrice Duke is over moonlighting in the same emergency room as her partner does. She won't be in until the next day. Mr. Perry makes an appointment to see Dr. Duke the next day.

Next day Duke sees Mr. Perry. She examines the wound, cleans it, and gives my client oral antibiotics - that is, penicillin pills. Why penicillin? Good question. Was there an infection? Everyone now agrees there was. Well, what did the culture and sensitivity report say, surely it must have indicated penicillin was appropriate. In fact, it didn't. The infection working to destroy Mr. Perry's leg was immune to penicillin. The culture and sensitivity report showed that it could be killed only by a drug called Keflex.

And that, my friends, is the critical point. The lab report- the report that the defendant ordered-showed that a bacteria immune to penicillin was destroying Mr. Perry's leg. It wasn't just any bacteria, but a staph bacterium that was strong, resistant, and required hospitalization to destroy. The problem was, however, the defendant went on vacation and didn't read the lab report. The problem was the defendant went on vacation and did not tell Mr. Perry to see someone else if there was a need before the scheduled appointment.The problem was that the defendant went on vacation and didn't bother to tell his partner that a culture and sensitivity test had been ordered.

But surely, Dr. Duke would have seen the report, you say. The problem is that the defendant went on vacation, and not only did he not tell his partner about Mr. Perry, but he also didn't tell the hospital lab to send the report over to his office. So, while the defendant is on vacation and Mr. Perry and Dr Duke are sitting in a private office, the lab report is across town, in the emergency room.

Of course, at the time, Mr. Perry doesn't know any better. He takes the penicillin home. But he gets worse, and one night about a weekafter seeing Dr. Duke, but a few days before his appointment with the defendant, he goes back to the emergency room. Guess who treats him? you got it. The defendant, who is back in town. And surprise, surprise. What does the defendant finally get around to seeing in the hospital record? Right. The lab report!

The problems aren't over, though. The defendant reads the culture and sensitivity report and sees that he should prescribe Keflex. Mr. Perry still doesn't get better, however, because, as you'll hear, by this time the only way to adequately treat the infection is to hospitalize Mr. Perry and providewhat the medical profession calls intravenous antibiotics; that is, in a sense to bathe the infected knee, indeed, the entire system, with the Keflex.

Mr. Perry finally gave up on the defendant and he went to a different doctor, Dr. Williams. Dr. Williams will take the stand and testify about Mr. Perry's injury, defendant's treatment of the injury, and of his own treatment of the injury. Now, Dr. Williams is a board-certified orthopedic surgeon. Dr. Williams has treated thousands of bone injuries. He will testify that the actions of the defendant in treating Mr. Perry fell below the standard of care expected of physicians. Dr. Williams will tell us that proper treatment required reading the culture and sensitivity report within 24 hours, and, upon finding the infection, immediately treating with Keflex. Dr. Williams will also tell you that appropriate medical practice would require telling Mr. Perry about his vacation and providing for a physician to cover for him.

Dr. Williams will also testify that once the report was read, Mr. Perry should have been hospitalized. And finally, Dr. Williams will testify that because of the treatment received, Mr. Perry suffered arthritis to his knee and has a permanent disability that will cause him constant pain and prevent him from doing heavy work for the rest of his life.

All of this, of course, has had a profound effect on Mr. Perry. He has lost his lucrative job and has been only able to work sporadically at minimum wage. Then, of course there are the medical expenses, and the continuing therapy- none of which, Mr. Perry will tell you, compared to the constant pain, the suffering he's had, and he always will have.

Of course, the defendant doesn't agree with everything I've said here. Defense counsel will probably tell you that Mr. Perry must establish by a '' Preponderance of evidence" all of what we lawyers call the elements of this action. One of those elements is that the defendant caused Mr. Perry arthritis to the knee. And, defendant's lawyer is going to say that, in fact, Mr. Perry's own actions caused the chain saw cut and that you should expect some damage when a chain saw cuts your leg.

The fact is, though, Dr. Williams and others will tell you that if properly treated, there would have been no staph infection, and it was the staph infection that caused the arthritis, and it is the arthritis that is the cause of Mr. Perry's pain and suffering.

When we are done, we will ask you to return a verdict for Mr. Perry. We will ask you to do one thing. Make the defendant pay for the damage he caused to Mr. Perry; bring back a verdict for $750,000.

change this opening statement by counsel. You can critique how many facts you would or would not have expressed to the jury at this time; did the attorney tell a story; do you think the opening statement as told kept the attention of the jury; was the opening statement sufficient to explain to the jury what happened in this case; do you think that the opening statement as presented gave the jury a sufficient insight as to what to expect to be proved at trial.