Assignment 5.

Draft the responses from Ralph to the Interrogatories that you drafted in Assignment 4. Remember to use proper objections were appropriate.

--------------------------------------------------------------------------------------------------------------------

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.

------------------------------------------------------------------------------------------------------------

Additional Hypothetical Information for Assignment 5

(Answer the Interrogatories)

People that Ralph has identified for his attorney as possible witnesses: Ralph's Supervisor at Amazon is Marty McFly. He called Marty when the accident occurred and Marty came and visited him in the hospital after the accident. Ralph's Doctor that night was Docter John Pepper with Beaufort Hospital Center. Ralph also saw an Orthopedic Doctor: Doctor Holliday for his injuries and went to Physical Therapy at Boss Physical Therapy for 6 weeks. He Also had a home Nurse named Tonya Harding from HomeCare help him for a couple months. Ralph also says that a neighbor saw the accident and came out to help them both. The Neighbor lived next door to the Johnsons and was named Wilson W. Wilson.

--------------------------------------------------------------------------------------------------------

Assignment 4

MARY MARTIN v. RALPH CRAMER and AMAZON DELIVERY SERVICE COMPANY

INTERROGATORIES PROPOUNDED TO DEFENDANT RALPH CRAMER

The Plaintiff, pursuant to Rule 33 of the South Carolina Rules of Civil Procedure, hereby propounds the following Interrogatories to be answered under oath by Defendant Ralph Cramer.

1. Please state Ralph Cramer's full name, date of birth, address, telephone number, and employment status (Rule 33(b)(1)).

2. Please describe Ralph Cramer's relationship, if any, with the Johnson family who resides at 1610 Ribaut Road. Was the delivery of the "Gigantic Spider and Web" package a personal favor or part of Ralph Cramer's employment with Amazon? (Rule 33(b)(2))

3. Please provide the dates and times that Ralph Cramer was scheduled to work and actually worked on October 29, 2022. Was the delivery to the Johnson residence within the scope of Ralph Cramer's employment? (Rule 33(b)(2))

4. Please describe any safety training or instructions Ralph Cramer received from Amazon regarding hazards lights, distractions while driving, and/or safe delivery practices. (Rule 33(b)(2))

5. Please state whether Ralph Cramer's drivers' license was valid at the time of the accident and if he has ever been cited or convicted of any motor vehicle violations. (Rule 33(b)(2))

6. Please describe the vehicle Ralph Cramer was operating at the time of the accident, including license plate number, vehicle identification number, and insurance coverage. (Rule 33(b)(2))

7. Please provide the name and contact information of any eyewitnesses to the accident. (Rule 33(b)(2))

8. Please describe in detail Ralph Cramer's actions immediately before and during the accident on October 29, 2022. (Rule 33(b)(2))

9. Please identify each injury suffered by Ralph Cramer as a result of the accident and all treatment received. (Rule 33(b)(2))

10. Please itemize all expenses, lost wages, and other damages allegedly incurred by Ralph Cramer as a result of the accident. (Rule 33(b)(2))

These Interrogatories are deemed continuing so as to require supplementation of answers if new or more complete information is obtained between the time answers are served and the time of trial. Responses are due within thirty (30) days pursuant to Rule 33(b)(3).

Respectfully submitted,

[Your Signature]

--------------------------------------------------------------------------------------------------------------------------------

Your Grade for Assignments 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