Assignment 4

Draft 10 Interrogatories for your client Mary Martin to send to Ralph. You should use these Interrogatories to discover facts which might support your case and flesh out the important legal issues. For instance, some of the questions should focus on clarifying Ralph's relationship, if any, with the Johnsons, whether Ralph was within the scope of his employment at the time of the accident, what safety training he received for making deliveries.

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HypotheticalforAssignment

Mary Martin is a property manager with the company "Real Estate 4 You", Inc. She is married to Joe Jackson, a local musician, and is the mother of two girls, Polly and Michelle, ages 4 and 6. Her business is very profitable and she makes approximately$240,000peryear.Joeisastayathomedadunlesshehasagig, whichis usuallytwiceaweek.TheMartins ownanicehomein Habershamand Mary drives a company car,a 2022Lexus whichsheuses for bothbusiness and personal trips.

Ralph Cramer is a driver for the Amazon Delivery Service Company. Ralph has been with Amazon for 10 years and is paid a good salary and receives benefits fromthecompany.Ralphisdivorcedfromhiswife,Sarahandhasjointcustodyof a young son Toby, age 5, and daughter Elly, age 2.

On October 29th 2022, Ralph was busy delivering Halloween presents around town.Hehadbeenatworksince6:30amasthisisaverybusytimefordelivery. He has been putting 12-14 hour days for the last 2 months. He stopped at the Johnson's home located at 1610 Ribaut Road at 6:15pm to drop off a massive package labeled "Gigantic Spider and Web". Usually Ralph puts on his hazard

lightswhenmakingadelivery,butwasrushedtogetoutofthetruckduetoheavy traffic and did not use the hazard lights. The sun had just gone down and it was dusk when he was making the delivery. Ralph is good friends with the Johnsons.

HepickedtheSpiderandWebupfromWal-marttobringtothemthatdayafter he finished with his other deliveries.

Mary was in a very big hurry that evening. She had been dealing with plumbing problems at two of her apartment complexes all day and wanted to get home so that Joe could go to his gig at Plum's that night. He was getting paid more than usualduetotheHalloweencrowds.Shealsohadtostopatthegrocerystore.She still had the real estate magnetic signs on the side of the car because she just left theapartmentcomplex.MarywasdrivingdownRibautwhenhercellphonerang. She looked down at the phone and saw it was the plumber. She reached for the phoneandlookedupjustintimetoseea giantboxgoflyingandthensheplowed into the Amazon delivery van. Mary's car spun out of control and came to a stop on the other side of the street when it hit a telephone pole.

Maryhas severebutnot lifethreateninginjuries. Shesuffers two brokenlegsand a broken arm, a bruised spleen and multiple bruises and lacerations. She had to undergo several operations to repair her broken bones. Ralph is also seriously hurt because Mary hit him as well as the box and Amazon van. It was fortunately a glancing blow. He suffered several injuries including a severe concussion, broken ribs and torn ligaments as well as several cuts that required a total of 55 stitches.TheGiganticSpiderandWebsetwasdestroyedandunfortunatelyitwas sold out in all stores. Mary's Lexus was totaled and the Amazon Van required expensive repairs which cost over $50,000.00. Mary was in the hospital for 10 days and missed Halloween with her husband and daughters. She and Joe also had to cancel their 10th anniversary trip to the Bahamas in early December. Joe also had to cancel all of his gigs for the next two months to take care of Jean and the girls.

Ralphwas releasedfromthehospital onHalloween,but hadto walkwitha cane, for six months. Hehadto paya nurseto comeinto change his bandages and also hadtopayforchildcarewhenhehadcustodyofhischildrenashewasunableto care for them alone for six weeks.

Marywasoutofworkforfourmonthsduetoherinjuriesand missedabig promotion because she could not attend the company's annual retreat.

Ralphwasoutofworkfor7weeksandwas restrictedtolightdutiesfor60days when he returned.

MaryhashiredyourlawfirmtopursueanactionagainstRalphandAmazon.

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Your Grade for Assignments 4 and 5 will be based upon the Following Criteria: 1. Review the Appropriate Rule (10 Points) (You should review SC Rules of Civil Procedure 26-35 Cite to the appropriate Rule for the submission of Interrogatories 2. Correctly Applies the Rule (20 Points) a. Keep the scope of the questions and the number of questions within the Rules of Civil Procedure 3. Legal Terminology used properly (20 Points) Legal Terminology used throughout the Interrogatories is correct. Objections (if appropriate) are stated correctly. 4. Format and Structure (30 Points) The format required by the SC Rules of Civil Procedure and as given in the samples is followed. The documents contain properly delineated captions, instructions and definitions if needed. A proper signature block and caption are included. 5. Clarity and Grammar (20 Points) a. Words are properly used and are without spelling errors b. The sentences are complete, and concise c. The document flows without unnecessary repetition and in a logical sequence

Use the Examples as templates to help give you a frame for drafting these documents

These Interrogatories shall be deemed continuing under Circuit Court Rule 26(e) so as to require supplemental answers if you or your attorney obtain further information between the time answers are served and the time of the trial. GOODING AND GOODING, P.A. By: Mark B. Tinsley, SC Bar #15597 P. O. Box 1000 Allendale, SC 29810 (803) 584-7676 ELECTRONICALLY FILED - 2021 Aug 10 10:40 AM - HAMPTON - COMMON PLEAS - CASE#2020CP2500297 Attorneys for Plaintiff July 21, 2020 Page 6 of 6reduced or reproduced, including all drafts, notebooks, reports, statements, records, lists, memoranda, diagrams, sketches, charts, correspondence, telegraphs, schedules, photographs, sound recordings, films, or any other documents, writing, or tangible objects of any kind whatsoever of the form. The request herein shall be deemed to continue from the time of service until the time of trial in the action, such that information and objects which complete the knowledge of the Defendant and/or its attorney after original responses to this request have been submitted, shall be promptly transmitted to the attorney for the Plaintiff. ELECTRONICALLY FILED - 2021 Aug 10 10:40 AM - HAMPTON - COMMON PLEAS - CASE#2020CP2500297 GOODING AND GOODING, P.A. By: H. Woodrow Gooding, SC Bat #2180 Mark B. Tinsley, SC Bar #15597 P. O. Box 1000 Allendale, SC 29810 (803) 584-7676 Attorneys for Plaintiff July 21, 2020 Page 4 of 4STATE OF SOUTH CAROLINA IN THE COURT OF COMMON PLEAS COUNTY OF HAMPTON CIVIL ACTION NO.: 2020-CP-25-00297 SHAVERIA MAHOGANY WHITE,) Plaintiff, PLAINTIFF'S REQUEST FOR PRODUCTION TO DEFENDANT VS. ARTS L. ALEXANDER, Defendant. TO THE DEFENDANT: YOU WILL PLEASE TAKE NOTICE that the Plaintiff through her undersigned attorney, ELECTRONICALLY FILED - 2021 Aug 10 10:40 AM - HAMPTON - COMMON PLEAS - CASE#2020CP2500297 requests, pursuant to the South Carolina Rules of Civil Procedure, Rule 34, that the Defendant above named, respond to this request within thirty (30) days of service and, to produce and permit the inspection, copying and/or photographing of: DEFINITIONS As used in these Requests for Production and any Supplemental Requests for Production in this case, the following shall be the meaning and sense in which each term is used: A. "Document" shall include without limitation: (1.) Every writing or record of every type and description that is or has been in the possession, custody or control of the said Defendant, its/his agents, representatives or attorneys, or of which the Defendant has knowledge, including, but not limited to, correspondence, memoranda, tapes, stenographic or handwritten notes, studies, publications, books, pamphlets, photographs, facsimile copies, CD ROMS, laser imaged copies or facsimiles, computer files, Page 1 of 4have pleaded guilty or nolo contendere or of which you have been found guilty, the date of the offence, the court in which the case was heard, and the nature of the violation charged, and identify all documents concerning those violations. 12 At the time of the incident referred to in the Complaint, did you have a valid license 1o operate a motor vehicle and, if so, state: a) The state issuing it; b) The expiration date; c) The number of the license; and d) Whether there were any restrictions on the license and, if so, the nature of the restrictions. 13 Have you ever had a license to operate a motor vehicle suspended or revoked? If S0, state: a) When and where it was suspended or revoked; b) The period of the suspension or revocation; c) The reasons for the suspension or revocation; and d) Whether the suspension or revocation was lifted. 14, At the time of the incident referred to in the Complaint, did you have any condition for which you wore eyeglasses or for which eyeglasses had been prescribed for you? If so, state: a) b)