Assignment 1

Devin Charles Case

(15 points)

Instructions: Mr. Devin Charles has come to our law firm seeking legal assistance. He is the defendant in a civil suit, brought by the plaintiff, Ms. Amy Winger. Below are the attorney's notes and the records from the criminal case against him.Please do the following:

(1) Identify the likely causes of action that Amy Winger will bring in her lawsuit (5 pts);

(2) List the elements of those causes of action (5 pts);

(3) Explain what facts are important to prove or disprove those elements (i.e., legally significant facts) (5 pts).

Instructions: Please upload your answers to the assignment dropbox in Brightspace on or before the start of next class. Late papers will be marked down incrementally each day they are late.

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ATTORNEY'S NOTES

Alleged victim is Amy Winger, dob 4/30/57. She's a waitress who is claiming injury to her hand, elbow, middle finger and head due to alleged shoving by our client, Devin Charles. She also has back and neck pain, but she had negative x-rays of her neck and back. Ms. Winger claims extreme anxiety as a result of the incident, is nervous, agitated, unable to sleep.

Mr. Charles is 6'4", 270 pounds, muscular. He is employed as a construction worker for Harper Construction. Ms. Winger alleges she tried to call 911, but the line was busy. Timothy Bodell is her witness. Leanne, who is Amy's daughter, was also on the train.

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INVESTIGATOR'S REPORT

Case: People v. Devin Charles

Witness Information: Leanne Winger

I spoke with Leanne regarding the above-referenced incident.Leanne is the daughter of the victim, Amy Winger. Leanne stated the following: She was on the train with her mother. She did not witness the incident between her mother and the defendant. She later saw how traumatized her mother was and, when asked what happened, Leanne had a difficult time getting the information from her mother because her mother was so upset.

Lacey Thompson, Investigator

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WITNESS STATEMENT

Defendant: Devin Charles

Witness: Amy Winger

I spoke with Amy Winger regarding the above defendant.Ms. Winger related the following:

Ms. Winger boarded a train on January 23. That evening, she and her daughter, Leanne, were in the snack car with a group of people she had recently met. One of the people seated with her was T. Bodell. He offered to buy everyone a round of beer.Ms. Winger said she only had one beer that she was splitting with another passenger, but she (Winger) didn't finish it. At some point, Leanne left the car and went upstairs to sleep.

Later, defendant, who was seated at a table next to Ms. Winger, started complaining about a lost cell phone. He accused passengers of taking it, and confronted Ms. Winger, saying her daughter had something to do with it. She told the defendant that they could go ask her daughter, and they went upstairs together. When they found Leanne, the defendant started to yell and curse at her. Ms. Winger told him to stop and he shoved Ms. Winger.She fell hard, hitting her head.She does not know how many times he shoved her or precisely how she hit her head. She remembers feeling physically ill and also recalls the man screaming at her to get off the train. She also remembers someone yelling, "What are you doing?" but she doesn't know who it was.

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911 Phone Call Record

Loc: Depot (disturbing peace)

Name: GabeDispatch

Caller: Amy Winger

Entry: An unruly male passenger on a train refusing to get off/unk desc of male/employees are standing by at the loc/unk if violent/no further details.

Enroute

Onscene

Ok/Clear

Misc.: The caller admitted intoxication and rambled on about an incident that happened on the train. She refused medics and did not want an ambulance transport to the hospital. Her husband arrived to take her home.

Causes of Action	Elements	Legally Significant Facts
	Act	Yelling/cursing/screaming
	Intent	Yelling/cursing/screaming suggests D wanted to harm P
	Causation
Assault

Causes of Action	Elements	Legally Significant Facts