Mock Trial Part Eight; Finishing Up First Witness

“Mr Garland, would you say that you could recognize the vehicle driven by the Jacobs by sight?” Eric asked, heading back towards the witness stand.

“Objection,” Samantha said again, “No foundation, Your honour.”

“I’m laying the foundation now, your Honour,” Eric said.

“Overruled,” Judge Mathews said. “But pick up the pace a little bit, Mr Daniels.”

“Thank you, your Honour,” Samantha and Eric both said.

“Of course, your Honour,” Eric nodded, following up, and then turned back to ‘Fred.’ “So, Mr Garland, would you recognise the Jacobs’ vehicle if you saw it?”

“I would,” ‘Fred’ said.

Eric set the first printout on the photo in front of him. “Would you say that this is a fair and accurate representation of the Jacobs family vehicle?

‘Fred’ took a look at it, then looked down and shuffled the papers of his script, then back up. “I would,” he said.

“Your Honour, at this time the defence would offer Exhibit 2 into evidence, its authenticity has previously been stipulated to,” Eric said, using the correct phrasing. He handed a copy of the photograph to the Judge, and then another to Tucker at the Plaintiff's table.

“Any objections?” Judge Mathews asked.

Tucker turned and whispered for a moment with the rest of his team, though you did notice that Maeve at the far end of the table didn’t even bother looking down at him. The blond ‘lead’ of their team turned back to the Judge. “No, your Honour.”

“You have your exhibit, counsel,” Judge Mathews nodded to Eric.

“So, Mr Garland,” Eric picked back up, placing the photograph in front of ‘Fred.’ “Is this the Jacobs’ family vehicle?”

“It is,” ‘Fred’ said.

“And this is the same vehicle that is covered by the policy we’ve been speaking of, correct?”

“It is,” ‘Fred’ nodded again.

“Does a Toyota Sienna come with an American Flag hood wrap like that standard or as an official add-on?” Eric asked.

“It doesn’t,” ‘Fred’ said.

“Would you consider the fabric hood wrap a ‘cosmetic addition’ to the vehicle?”

‘Fred’ nodded. “It’s definitely not a functional one,” he said.

“Just for clarity, sir, could you give us a yes or no?”

“Yes,” ‘Fred’ said, “It’s a commercial add-on.”

“And what about the rather large window sticker on the rearview window?” Eric asked.

“Another cosmetic add-on.”

“If you were asked by a client about adding either of these cosmetic additions to their vehicle under a policy like the one the Jacobs had, what would you tell them?”

“I’d tell them not to,” ‘Fred’ said. “It’s a bad idea.”

“Did you say that to the Jacobs?”

“I did when they put the sticker on,” ‘Fred’ said. “Randy told me to mind my business.”

You could practically feel Samantha wanting to find a way to object to the line of questioning, but ‘Fred’ was testifying to something that had been said to him, not something that he’d heard had been said.

“Did you say the same thing with the fabric hood cover?” Eric asked.

“No,” ‘Fred’ said.

“Why not?” Eric asked.

“Randy spent a month nagging me about being whipped by my job,” ‘Fred’ said. “So I knew the hood cover was another shot at me and decided not to warn him anymore.”

“Were you required to warn him, either by company policy or legally?”

“No,” ‘Fred’ said.

“Was there any expectation for you to report the infraction?”

“That’s definitely not my job,” ‘Fred’ said. “So no.”

“It must be difficult, testifying against your brother and sister-in-law,” Eric said. “Is there a reason that you seem so willing to do so?”

“Objection,” Samantha said, shooting up to her feet. “Irrelevant, your Honour?”

Judge Mathews raised his eyebrows and looked at Eric.

“I am simply asking if there have been any issues between Mr Garland and the Plaintiffs following the fallout of their policy, your Honour,” Eric said.

“Objection sustained,” the Judge said. “Witnesses are here because they are called, Mr Daniels, unless you have evidence otherwise. Let’s not go on fishing expeditions.”

“Thank you, your Honour,” Samantha and Eric both said.

Eric nodded. “I have no further questions for you at this time, Mr Garland. Thank you.”

“Any re-examination by the plaintiffs?” Judge Mathews asked.

The other table had been passing back and forth a notepad, furiously setting up whatever they could to combat Eric’s cross. When Eric came back down you and Gemma both turned and patted him on the shoulder for the good work he’d done.

Tucker stood up, not wanting to keep the Judge waiting. “May it please the court, your Honour,” he said, then came forward, grabbing the notepad from Amanda and referencing it quickly. “Mr Garland, you previously testified that it was ‘not your job’ to report a breach of a policy stipulation, and also that you weren’t required to warn a client if they were in breach. Are you contending that you have no duties to the policy beyond the signing and filing?”

“That’s exactly what I’m saying,” ‘Fred’ said.

“And if a client were to call you because they have an issue with their policy?” Tucker asked.

“I would help them,” ‘Fred’ said. “But there is only so much I can do. The Insurance Company handles claims, not the broker.”

“Did you consider it an act of ****, not giving my clients a proper warning?” Tucker asked.

“Objection, your Honour,” you said, standing up. “The question is irrelevant based on the previous testimony, and also argumentative.”

“Sustained,” Judge Mathews agreed, turning back to Tucker. “You can’t have it both ways, Mr Jackson. They don’t get to go fishing, and neither do you.”

“Thank you, Your Honour,” you and Tucker both said, and you sat down.

Tucker hovered for about ten seconds, formulating his thoughts, then shook his head. “No further questions for this witness Your Honour, I would ask that the witness be excused.”

“You’re excused, Mr Garland,” the Judge said, then looked at his watch. “Alright, folks. Let’s take lunch now, we’re running right up against the usual time.” He tapped his gavel, then stood up and stretched. “Alright, Garrison,” he called, a little more boisterously. “What’s on the menu?”

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