Read the attached fact situation. Ms. Stella King comes to your law firm, Jones & Jones, P.C., to request that your firm file a lawsuit against Donald Woods. Your supervising attorney asks you to draft a complaint in the matter of King v. Woods based on automobile negligence. Ms. King lives in Bloomfield Hills, MI. Donald Woods is a resident of Plymouth Township, Michigan. You are to ask for a jury trial.
Please rely primarily on the facts as they appear in the Factual Statement. You may make up such things as names of attorneys, addresses, etc. Your complaint must be typed and submitted via Blackboard.
This assignment is due October 18, 2016
On January 5, 2016, Stella King was driving her 2016 Explorer on Main Street south of Eight Mile in the Township of Northville, the County of Wayne. She was traveling southbound in the left lane of traffic. Just as she passed the Coney Island, the right lane ended and the traffic from that lane was to merge with the left lane. (Stella’s lane) Just as Stella was approaching the spot where the lanes merged, Donald Woods, driving a 2014 Jaguar XJ, pulled in front of her without warning, hit her vehicle on the front side and caused her to lose control of her vehicle and drive off the road. Donald Woods was ticketed for careless driving, exceeding the speed limit, and failure to use his turn signal.
Ms. King was taken to the hospital where she suffered a concussion, a broken arm, and collar bone, as well as numerous internal injuries, contusions and bruises. She was kept in the hospital for one week and could not return to her job as a real estate broker for 2 months. Her doctors are uncertain if she will ever have the complete use of her right arm again as it still continues to be very painful. So far her medical bills exceed $50,000.00, and her very lucrative career (she reported over $200,000.00 per year to the IRS) is in jeopardy.
The Elements of the Cause of Action For Auto Negligence:
1. A person operating a motor vehicle has a legal duty to exercise ordinary and reasonable care while operating the vehicle on a road, highway, or a place open to the public;
2. If a person breaches the duty; and
3. damages result; and
4. the breach of the duty is the proximate cause of the damages then that person may be liable for personal injury auto negligence.
Will provide a sample if needed.
Must be suffiecient and correct!