CIVIL ACTION CASE

One night an over-the-road truck driver, Joe, was driving on I-70 around 11:00 p.m.  All of the sudden Joe noticed that there was a car in the middle of the highway with no lights on.  Joe attempted to swerve at the last minute to avoid a collision but ended up clipping the corner of the passenger’s side of the back bumper of the vehicle causing it to spin.  Along comes John,, from around a curve, sees the car and swerves missing the car entirely.  However, in doing so he ran over Greg, a passenger in the vehicle, dragging him over 100 feet.  Greg was found dead.  The coroner determined that it was most probable that Greg was dead before John ran him over.  An expert in traffic accident reconstruction determined that the impact of Joe’s truck with Greg’s vehicle could have launched Greg from the car and into the road.  Greg’s family, his mom, dad, 5 year-old son and the son’s mother all filed a complaint against Joe and John for wrongful death.

 

The evidence at trial established the following:

 

John is a stock car driver and the car he was driving that night could exceed 120 mph.

 

Joe had driven from Pennsylvania to Oregon and was driving back to Pennsylvania the night of the accident.  You also learned that Joe had cheated on his log book in the last 2 years.

 

Greg had not had a job for at least 6 months, has been in prison, and had never paid child support for his 5-year-old son.

 

Greg was close to his mom, but he had been estranged from his father for the last 2 years. Greg’s mom and dad see his 5-year-old son on a regular basis.

 

Greg and his son’s mom were never married, nor did they live together.

 

Greg had not had a job for at least 6 months, has been in prison and had never paid child support for his 5-year-old son.

 

Greg never graduated high school but did have some vocational training in automobile repair.

CIVIL ACTION CASE

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Within the last 6 months, Greg had been working on getting his GED certificate.

 

Greg’s mom babysits Greg’s son when his mom works.  Greg is often present when his mom babysits his son.

 

Greg has been living with his parents over the last year and a half.  Greg has not contributed money to pay rent, buy food, or pay any other living expenses.

 

John is a resident of Pennsylvania.

 

Joe is a resident of Missouri.

 

Greg, his mom, dad, and son are residents of Kansas.

 

Greg’s son’s mom is a resident of Kansas.

 

The accident occurred in Missouri.

 

Use these facts, and any additional facts you need to add in, along with legal research from your state to complete the following:

 

Draft a complaint on behalf of Greg’s son for the jurisdiction in which you would file the suit.

Analyze whether a Motion for Summary Judgement would be successful in this case.

Assume that either the coroner or the accident reconstructionist is not going to be available to testify at trial, draft 10 deposition questions you would ask to preserve the testimony for trial.

Prepare an opening statement on behalf of Greg’s son.

Determine which jury instructions you would need to submit to the court.

Assume that you are a juror hearing this case. What would be your decision in this case?  Please provide your reasoning.

Assume that the jury finds in favor of Greg’s son. Determine the type of damages that should be awarded, and then explain why.

Assume the defendants are found guilty. Then determine, what, if any, criminal charges would be available to the state.

Length: 6-8 pages  

 

Your assignment should demonstrate an understanding of legal writing, as well as the differences between legal writing and academic writing. It should demonstrate thoughtful consideration, a good understanding of the substantive content, and your ability to communicate information clearly, effectively, and in an appropriate tone. Your response should reflect graduate-level writing and BLUEBOOK standards for formatting and citation.


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