Attorney Collins has received the complaint in Montgomery County (Maryland). He is too busy with other matters to dissect it now but has asked you to provide him a memorandum with the following information:

1. Are there any counts of the complaint that could be subject to a Motion to Dismiss?
2. What are they and what would the basis be for dismissal?
3. What if any defenses could be raised in an answer by Robbie, the Latchkeys or Frank's Flowers.

Your memorandum should begin with a brief summary of the assignment, then reference each element of the complaint by number.

See Attached Complaint:

https://learn.umgc.edu/d2l/common/dialogs/quickLink/quickLink.d2l?ou=931713&type=coursefile&fileId=Project+2+Complaint.docx

**ALL REFERENCES CITED IN APA OR BLUEBOOK**

https://leocontent.umgc.edu/content/dam/course-content/tus/lgst/lgst-495/document/Responding%20to%20a%20Complaint%20Maryland.pdf

FACTS

You are working as a legal assistant for Leonard Ross and Associates. The managing attorney and your supervisor is Casey Collins. The firm handles a broad range of legal matters. It is also involved in many community activities. Attorney Casey is particularly proud of the mentoring he does with his legal assistants, involving them in every aspect of his cases as possible.

Robbie Robertson is an 18 year old who just graduated from Montgomery County High School in New Town, Maryland. Frankie Franklin owns a successful flower shop called Frankies's Flowers, located in Columbia, Maryland. Frankie hired Robbie as a driver to deliver flowers. Robbie used the Frankie Flowers van, which is decorated with colorful flowers and the shop's logo to make deliveries.

One Friday, Robbie was planning to go to a pool party hosted by the Latchkeys, one of the Montgomery County High School families, to celebrate all of the graduates. Just as Robbie was leaving work, Frankie asked Robbie to make a last-minute rush delivery. Robbie agreed and then realized that the delivery was in the same neighborhood as the party. Robbie could make the delivery, go to the party and then bring the van back later that night. Robbie said OK to the delivery, but didn't mention the rest of the plan to Frankie.

Robbie delivered the flowers and headed to the party. The party was in full swing and everyone was having a great time. The Latchkeys were at the party and allowed some beer and hard seltzers to be served to everyone. They gave each graduate a glass of champagne and made a toast to all the graduates. After they saw Robbie pull up in the van, they made sure he got some champagne and was included in the toast. Robbie had a few beers and tried a hard seltzer or two before leaving to return the van.

On the way back, Robbie was texting some selfies from the party to friends and didn't notice a red traffic light. He failed to stop at the red light. The van ran into a small car which was stopped ahead of him at the light, causing a lot of damage to both vehicles. Fortunately, both vehicles were insured because the driver, Mini Cooper and passenger, Max Cooper looked injured. Robbie was dazed but saw a police car pulling up and panicked. Robbie ran from the police and the scene. He was eventually caught about a block away.

Robbie needs legal representation. He contacted Casey Collins for help. Casey has agreed to represent Robbie and had asked you, the firm's paralegal, to work on this matter.