Opening Statement

May  it please the court, counsel:  My name is Zach Keeton and along with my co-

counsel Chad Miller and Eric Page , we represent Mr. Chris Moss in this case.  Your

honor this is the case of Chris Moss Vs. Dr. Terry Preece and the Edgewood Unified

School District.

The evidence will show that Chris is part way through 12th grade, and in fact he

can't even read.  Your honor this is very alarming to us because of one simple fact: Chris

has never failed one of his reading class. 

The evidence will show that there was educational malpractice in this case.  We

will also show that the Edgewood School district has a set of guide lines which is passed

down from the state of Independence.  The guide lines are better known as statutes.  They

state: 1. Each school shall develop proficiency standards which shall include reading

comprehension,  writing and computation skills in the English language, necessary to

success in school and LIFE experiences.  2.  The competent educator shall use or promote

the use of appropriate diagnostic techniques to analyze the needs and potential of

individuals. 3. Each competent administrator shall support the process of learning by

providing appropriate and reasonable materials and equipment and by making reasonable

assignments and tasks.  These are applicable laws that are supposed to met by all the

school district in the state of Independence, including the Edgewood School District. 

Through evidence which the court will hear today, we will prove that Dr. Terry

Preece , the school superintendend made it a point to pass all of the students in his school

district whenever possible. 

On the other hand we will call 3 witness to testify during the course of this case.

The first witness which we will call is Chris himself.  He will state that he has problems

reading a simple restaurant menu.  What again alarms us about this fact is that Chris passed

his 11th grade reading class with no grade lower than a C.  The second witness which we

call is Dr. Daniel Stein.  She will show that Chris could have learned these skills if in fact

he had been properly taught.  Our third witness is Mr. Raye Payne.  He will say that he

feels that Chris can't handle a simple mailroom job at his law firm.

The testimony that you will hear today we will show that the Edgewood School

District is in fact at fault for Chris's problems.  We will show that the school district has a

duty to educate people like Chris Moss.  The people that are at a disadvantage.  Your

honor it is easy to educate a stduent with a natural talent, but the real challenge lies with

trying to educate the people like Chris Moss, the people who are average in intelligent, but

below average with the basic reading and writing skills.

My client is suing Dr. Terry Preece and the Edgewood unified School district for

$20,000 to cover a private tutor and court costs.  My client is also asking that the school

district develop a program so that students that graduate after him will have basic reading

and writing skills.  This program will benefit the future students at the Edgewood schools

in a way that the students will not have to go through the embarrassment and the suffering

that my client is going though.