Assignment #4 - Additional Pleadings

CALIFORNIA STATE UNIVERSITY - EAST BAY

Personal Injury and Tort Litigation

Fact Pattern for Pleading Assignments

On May 15, 2021, Plaintiff Paul Peterson was injured in a broadside auto collision when he was struck by Defendant Dan Douglas. Mr. Peterson was driving a 2019 Chevrolet Impala automobile and Mr. Douglas was driving a 2017 Toyota Camry. The collision occurred at the intersection of Ygnacio Valley Blvd. and Oak Grove Road, in Walnut Creek, Contra Costa County, CA. The light had just turned green for Mr. Peterson, who was driving in a southbound direction on Oak Grove Road, in the far right lane. As Mr. Peterson crossed the intersection, he was broadsided on the passenger side, from the right, by Mr. Douglas, who was rushing to get to the campus at Cal State East Bay in Concord, to take a final examination, for which he was late. Mr. Douglas tried to get through a light which had been yellow, but the light turned red just before he entered the intersection. Dan Douglas was going 50 miles per hour as he entered the intersection and could not apply his brakes in time. He broadsided Paul Peterson, from the right.

Plaintiff Peterson sustained bodily injuries to his neck, back and shoulders, and hisChevrolet Impala is a total loss. Since the date of this accident, Plaintiff has obtained medical treatment including X-rays, an MRI, physical therapy, pain medication, chiropractic adjustments and cortisone injections in both shoulders. Also, Plaintiff has been unable to return to his regular job as a Chef at Denny's Fine Food in Concord, and has therefore incurred lost wages in excess of $25,000.00 to date. Plaintiff is extremely depressed and withdrawn. Back surgery is now being considered as a possibility, since the MRI was positive for herniated discs at L4-L5 and L5-S1 and the conservative treatment does not seem to be working. Plaintiff continues to suffer from ongoing moderate to severe back pain, slight to moderate neck pain and slight to moderate shoulder pain (in both shoulders)

Plaintiff has retained the Law Office of Nordquist, Kelly and Suzuki, located at 2536 William Bart Way, Concord, CA 94705. The attorney representing Plaintiff, I.M. Abarrister, State Bar No. 178796, drafted and filed a Complaint in the Contra County Superior Court in Martinez, CA on December 18, 2021 against Defendant, Dan Douglas, alleging personal injuries and property damage resulting from this motor vehicle accident.

Defendant retained the Law Office of Cardozo & Traynor, located at 5610 Blackrobe Way, Walnut Creek, CA 94545. The attorney representing Defendant, Ann Attorney, State Bar No. 192563 and prepared an Answer to the Complaint.

A Case Management Conference has been set for October 19, 2022 at Contra Costa County Superior Court, 725 Court Street, Martinez, CA 94553, in Department 36, at 9:00 a.m.Plaintiff's Deposition has now been noticed, and will be taken in the Cardozo office on November 8, 2022, at 10:00 a.m., by Ann Attorney. Defendant's Deposition has also been noticed, to be taken in the Nordquist office on November 29, 2022, at 10:00 a.m., by I. M. Abarrister.

Please prepare the following documents using judicial council forms:

Acting on behalf of either PlaintifforDefendant prepare the following document:

-A Case ManagementConference Statement

Acting on behalf of Plaintiff prepare the following document:

-A Statement of Damages