A souvenir bat. A crowded stadium. One split-second incident. 

Jessica Kemper attended a Nita City Cubs game expecting a fun afternoon with her children. Instead, during the seventh-inning stretch, an allegedly intoxicated fan threw a promotional souvenir bat that struck her in the head, sending her to the emergency room and triggering a lawsuit against the Cubs organization. 

Kemper alleges violations of the Dram Shop Act against the Nita City Cubs. Kemper claims the Cubs created a foreseeable danger by overserving alcohol, failing to remove intoxicated patrons, and neglecting proper training and supervision. The defense argues the incident was an unforeseeable act by a single fan and not the result of organizational negligence. 

Kemper v. Nita City Cubs Holdings Inc. is a realistic, highly teachable case that rewards preparation, case theory development, and effective trial advocacy. It delivers a balanced courtroom experience where success depends on strategy and persuasion, not on finding a predetermined winner. 

New to the Second Edition: 

• Updated social media posts 
• New text messages 
• Updated security logs, email exchanges, and more 

Professors and students will benefit from: 

• Quick to Learn: An easy-to-understand fact pattern that requires no specialized subject matter knowledge. 
• Evenly Balanced: Strong arguments and evidence support both sides, allowing either party to prevail with effective advocacy. 
• Rich in Trial Skills Opportunities: Explore issues of negligence, dram shop liability, foreseeability, causation, corporate responsibility, and witness credibility. 
• Excellent for Direct and Cross-Examination: Witnesses and exhibits provide meaningful factual disputes, impeachment opportunities, and strategic decisions. 
• Streamlined Trial Format: Liability-only case with two witnesses per side and a manageable document set.