Module #1 Assignment -Ann Forrester Summary Sheet

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School

Ivy Tech Community College, Indianapolis *

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Course

202

Subject

Mechanical Engineering

Date

Apr 3, 2024

Type

docx

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Uploaded by stiening

Erica Stiening Legs 202 3/19/2024 Client Summary Sheet File no.: PI 3750 Date Opened: 6/23 Interviewer: E.S. 6/29 Client: (P) Ann Forrester (M) Spouse: William Forrester (work phone 219.769.1040) (C) Children, ages: Micheal, (8) Sara, (4) (Phone): 219.464.2646 (home) 219.759.5550 (work) Address: 1533 Capitol Ave., Statesville, IN Party opponent(s): (D) Richard Hart, 54, 419.241.0689, 1632 Coilbert, Toledo, OH Mercury Parcel Service INC. (MPS), Registered agent Saul Goodman, 419.773.2020, 4702 Central Ave., Toledo, OH Date of Incident: 2/26 Type of Action: P.I. negligence, auto-pedestrian Statute of limitations: 2/26 Summary of facts of action: On the morning of 2/26, P ducked her head against the cold wind and stepped “gingerly” across patches of ice on Highway 328 to put a letter in her mailbox. M and C were in the car waiting on P. D, who was driving to deliver an express package for MPS, singing along to the radio. D approached a sharp crest in the road and saw P in the road. D pressed the brake but struck P and then smashed into a tree. The road was two lanes with hills. The road was wet; there was fog and snow, and visibility was in the middle. The time of day was early, and it was cloudy. The van left skid marks from slamming on the brake. Noteworthy facts related to elements of action: duty, breach, injury: D had a duty to be a vigilant and responsible driver while operating the vehicle, especially given the weather conditions on that day. D breached this duty, which resulted in him striking P and damaging D’s work vehicle. This could have been avoided if he had been a responsible and vigilant driver. P states D was going too fast for the icy conditions. P also states that D delayed evasive action and may have been inattentive. P says her husband felt D looked quite tired. According to P's husband, D's van windshield appeared partially fogged over. P shows multiple injuries on her body, reflected in the summary of injuries. Highlighted areas with physical injury are the head, arm L.H. (to include hand), trunk, and thighs. Superficial areas include rib cage injuries, bladder control, dizziness, insomnia, loss of appetite, nausea, and nervousness. P's husband shows causation to these injuries, resulting in the percentage of permanent loss that has been done to his wife because of the breach of duty.

Erica Stiening Legs 202 3/19/2024 Noteworthy facts related to possible defenses: Comparative negligence - P was in a hurry to mail a letter to leave for work, as stated by her recall of her husband yelling, "Hurry up, Ann, or we'll be late!". P said that she could not notice upcoming traffic because her head was ducked from the wind and her vision to the side obscured. P didn't see the van until it was headed down the slope toward her and did not hear it coming. Witnesses: William Forrester was in the vehicle in the driveway. He had yelled for her to “hurry up, Ann, or we’ll be late!” Summary of injury and treatment to date: Severe 20% of permanent loss with 80% recovery, headaches, dizziness, nausea, nervousness, insomnia, appetite, gash to the forehead, tight muscles, broken left ribs, loss of bladder control, left arm, broken wrist, numb fingers, lower lumbar, left hips, deep bruise to thigh, and left knee shattered. Several fractures to the left hip, pelvis, and left leg. Partial paralysis on the left side from the waist down. Considerable pain in the injury area. Permanent disability is likely wheelchair-bound currently. Emergency treatment was on 2/26, and the ambulance arrived at 7:52 AM. The treating physician is Albert Meyer, MD, an orthopedic surgeon at Medical Arts Building 4650 Church St. The Consultant is Robert S. Ward, MD, Urology. Total medical bills to date: $40,000 Summary of business or wage loss: P has been unemployed since the accident. Prior to the last two (2) years, he was a dance instructor, earning $45,000. Wage loss may be significant if the injury is permanent, and P cannot return to work. Total business or wage loss to date: unable to calculate because P was unemployed at the time of the accident. Evaluation of client as witness: The client is pleasant and intelligent and should be a good witness. Other comments: The client asked if she should file a lawsuit, and I informed her that this needs to be discussed with Mr. White, whom she will be meeting with. I told the client that I was unable to provide legal advice. They are a typical solid family of four. P’s husband wants to bring a loss of consortium claim for $250,000. Things to do: Gather medical records, interview witnesses, and locate the van from the accident. Talk with authorities from the scene and insurance agencies/agents to obtain more facts about the accident.

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