Module #1 Assignment -Ann Forrester Summary Sheet
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Mechanical Engineering
Date
Feb 20, 2024
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Uploaded by cesiaeves
File No.: Pl 3750
Date opened: 6/23/2024
Interviewer: T.S. 6/29/2024
Client: (P) Ann Forrester
(M) William Forrester
(C) Michael, 8;
(Phone) 123456789
Sara, 4
Party opponent(s): (D) Richard Hart (Ohio resident)
Mercury Parcel Service (Ohio resident, Hart’s employer)
Date of incident:
2/26/2024
Type of action: P.I. Negligence, auto-pedestrian
Statute of limitations: 2/26/2026
Summary of facts of action:
P walked across Highway 328 three miles west of Legalville, Columbia, on the morning of February 26 to mail her letter. During her walk, she observed icy road conditions and altered her normal
walk, shuffling over thin, patchy ice resembling heavy frost. The ice did not cover the entire road and was not thick, with some patches already melting in the sun. Upon returning, P was struck by D's Mercury Parcel Service van, which was going about 40 mph in a 35 mph zone. The crossing point was in a depression in the road, obscuring long-range vision for both P and D. The van approached while P was in the depression, and she was struck on the left side, thrown to the side of the road. During the accident, P noted that D did not take evasive action, and there was a skidding sound followed by fishtailing. The van went off the road and ultimately struck a tree. The chronological account provides a detailed sequence of events during the accident.
Breach of duty:
P observed that D was traveling too fast for the icy conditions on Highway 328. She noted that the van slid on the icy patches during the incident. Additionally, P stated that D delayed taking evasive action and may have been inattentive during the crucial moments leading up to the accident. M conveyed that he felt D appeared quite tired. According to him, the van's windshield was partially fogged over, potentially contributing to reduced visibility. These observations provide insights into the circumstances surrounding D's driving behavior and potential factors that could have contributed to the accident.
Comparative negligence:
P in a rush to mail a letter before leaving for work, altered her walk on Highway 328, three miles west of Legalville, Columbia, due to observed icy conditions. With her head tucked into a winter coat with a high, furry collar for protection against the cold wind, her peripheral vision was obscured. Although she thinks she looked left, uncertainty exists, while she did confirm looking to the right side. The accident occurred in a depression in the road, limiting long-range vision for
both P and Richard Hart (D), the driver of the Mercury Parcel Service van. P only saw the van when it was headed down the slope toward her, unable to hear it approaching. The obscured vision and altered
walking conditions raise questions about contributory negligence, adding complexity to the analysis of liability in this case.
Witnesses: Ms. Freda Schnabel saw accident from crest of opposite hill while driving her car toward accident. Her address is 1625 Capitol Dr. P’s Husband, William Forrester, Also saw some of accident.
Officer Jeremy Burton was first police officer on scene. Summary of injury and treatment to date:
Several fractures to left hip, pelvis, and left leg. Partial Paralysis on left side from waist down. Loss of bladder control. Considerable pain and injured area. permanent disability likely, currently confined to wheelchair. Emergency treatment: 2/26/2024 Good Samaratan Hospital, 4600 Church St., Legalville, Columbia.
Treating physician(s): Albert Meyer, M.D., Orthopedic surgeon
Medical Arts Building, 4650 Church St.
Consultant:
Robert S. Ward, M.D., Urology
Total medical bills to date
: $40,000
Summary of business or wage loss:
Full-time teacher, Legalville Board of education, $34,000 annually.
Unable to work since accident. Note: wage loss could be substantial if injury is permanent Total business or wage loss to date: $17,000
Evaluation of client as witness: Client is pleasent, intelligent, and should be a good witness.
Other comments: Client wanted to know if she should file a lawsuit. I explained she needed to discuss
this with Mr. White, who would be meeting with her.
Things to do: Gather medical records, interview witnesses, locate van.
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