Whatever side teaches the science of groundwater flow to the jury often
comes out on top in a mock trial held annually in the Department of Geological
and Atmospheric Sciences.
This year, for just the second time in the five years the student version
of A Civil Action trial, the defense won. The mock trial was
held at Iowa State Thursday, Nov. 30.
"The jurors reviews, as well as mine, seem to indicate that the
plaintiffs lost the case because they did not describe the physical setting
very well early on" said William Simpkins, professor of geological
and atmospheric sciences, who teaches Geology 411/511 and incorporates
the book in his hydrogeology class. "They didn't show where the contaminants
started and ended.
"They didn't explain the groundwater concepts very well, and lost
the jury's interest by using too much groundwater jargon. In the end,
the defense was able to confuse the major points just enough to cause
reasonable doubt."
A Civil Action is a 1995 book by Jonathan Harr about a toxic tort
lawsuit brought by Woburn, Mass., residents in 1982, charging that three
companies (W.R. Grace, Beatrice Foods and Unifirst Corp.) had allowed
the solvent TCE (trichloroethylene) to leak into groundwater and be drawn
in Woburn city wells.
The landmark environmental case was tried in 1986 and used expert testimony
by famous hydrogeologists to prove or disprove that the companies could
have contributed to the wells' contamination. The plaintiffs alleged that
the TCE had contributed to increased instances in leukemia cases among
Woburn children, which ultimately led to the death of several young children.
The book was later made into a movie starring John Travolta.
"We begin as a group discussion of the book in 2001 and we did our
first trial in 2002," Simpkins said. "During that time, we have
made efforts to simplify the proceedings and streamline the trial for
the jury. The Internet has also given the students access to many interpretations
of the hydrogeology and computer models that show what might have happened
to contaminate wells in Woburn."
Simpkins says the book is a natural for students in hydrogeology to study.
"When I first read the book it occurred to me pretty quickly that
the basic concepts dealt with in the case could be integrated into a senior-based
course on hydrogeology (the branch of the geological sciences which is
concerned with the character, source, occurrence, movement, availability
and use of water, particularly groundwater)," Simpkins said. "But
we had to use in such a way that it not only got the students to read
the book, but to explore the technical aspects of the case.
"Although the case still stands out as classic
in the area of groundwater contamination due to suspected corporate activities,
the process whereby students assemble a case for a trial forces them to
integrate all the concepts that they have learned in the course,"
Simpkins said. "It is a great capstone for the course."
Students in the senior-laden course are divided into two groups, one representing
the plaintiffs and the other the companies being sued. They prepare the
case for a mock trial in the weeks proceeding the event.
"After reading the book they can see how the testimony was correctly
or incorrectly used to make key points," Simpkins said. "The
case also highlighted the problem of using scientific experts to unravel
a complex hydrogeologic problem for essentially a lay jury."
The trial involves presentation of evidence by "expert" student
witnesses that attempt to prove the companies did or did not contaminate
the groundwater in the well fields. The students assume the identities
of real characters in the case. The students in the class argued their
case in front of a seven-person jury consisting of primarily sophomore
students in Geology 100.
"It's really a great learning experience for the students,"
Simpkins said. "It's exciting to see how anxious they were to show
what they have learned in the course about hydrogeology and how it is
all relevant to this particular case."
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