Legal Memorandum

User Generated

ibyyrltvey

Business Finance

Description

  • Prepare a memorandum of not less than three, but no more than five, pages addressing the following:
    • Identification and analysis of all potential defendants including
      • Duty owed
      • Whether duty was breached
      • Whether actual cause can be established
      • Whether proximate cause can be established
    • Identify any potential issues of contribution or indemnification (assume that the state legislature for your state has adopted the doctrine of joint and several liability)

Unformatted Attachment Preview

Alexis’ Accident You are attending an initial consultation with a potential new client, Alexis, who was injured in an auto accident. She explains that she participates in a car-pooling program at work and was the passenger of one of the cars in the accident driven by a co-worker, Lisa. The accident occurred at an intersection when a driver ran a red light. Lisa was talking on her cell phone at the time and had to drop it to try to avoid the collision. She slammed on the brakes but it was too late and the other car hit the passenger side where Alexis was seated. It’s quite possible that if Lisa was not on the cell phone, she may have stopped in time. The police accident report would later reveal that the other driver was a college student who was rushing to get to a night class on time. The college student (properly insured) claimed that he didn’t mean to run the light, but his brakes failed. In fact, he had just replaced them the previous week and thought they were ‘’sluggish’’ when he used the car during the past few days but didn’t think much of it and decided to drive the car anyway. It was later discovered that the brakes were defective. Alexis was pinned in the car for nearly an hour. She suffered several cuts, abrasions and bruises as well as a broken arm. Alexis is brought to the hospital via ambulance to have her bone set and some stiches to close a rather bad gash. At the ER, it was determined that Alexis was suffering from some internal bleeding so an emergency exploratory surgery was ordered. The surgery was able to stop the bleeding but the surgeon nicked a nerve which resulted in some minor, albeit permanent, nerve damage. Alexis was eventually released the next day, late in the evening. Since the hospital was within walking distance to her home, she decided to walk home. On her way home, she was mugged and her purse, along with her cash, checkbook and credit cards, were taken.
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Explanation & Answer

see the attached.I have tried to give sufficient details and explanation to help in the case. I hope you find it rewarding. Looking forward to more work with you. Am available in case of any further queries.

Company Name Here

Memo
To:

[Click here and type name]

From: [Click here and type name]
CC:

[Click here and type name]

Date:

November 19, 2017

Re:

[Click here and type subject]

The purpose of this memo is to address or in regard to identification and analysis of
all potential defendants based on duty owed, whether the duty was breached, whether
actual case can be established or whether proximate cause can be established and
identification of any potential issues of contribution or indemnification on Alexis’s
accident.
Duty owed
The defendant in this case is applicable ...


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