Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Below you will find a fact scenario. You will a memorandum of law to me. the memo to your client, David McMillan. Remember all the

Below you will find a fact scenario. You will a memorandum of law to me. the memo to your client, David McMillan. Remember all the fun things we have learned thus far in the semester, such as translating legalese, citing correctly using bluebook references, and of course how to navigate Lexis/Nexis.Stick to the format we used before as a class.Best of luck!

David McMillian owns a home located at 100 West Jefferson Street in Orlando, Florida 32801. He comes to your office because last month during a bad rain storm a tree that was on his neighbor's property fell onto his home crashing onto his driveway. After the storm was over, David inspected the fallen tree. It looked like it had simply blown over. There were no lightning marks or slashes on the trunk to indicate anything other than a strong gust of wind had simply blown it over. The owner of the property where the tree was growing on is Dawn Owens. When David approached her about the damage, she basically blew him off and said it was his problem. David is not a wealthy man so he had very bad insurance. His insurance agent is willing to pay the claim but the cost of removing the tree is $20,000.00. David's deductible (the amount he must pay before his insurance company will pay any money) is $25,000.00. The bottom line is his insurance will be of no help. He would like to hire you to answer the question of whether he has to pay the $20,000 or if he can sue Dawn to pay for it. Write a memo answering this question for him.

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Smith And Roberson Business Law

Authors: Richard A. Mann, Barry S. Roberts

18th Edition

0357364007, 978-0357364000

More Books

Students also viewed these Law questions

Question

5. It is the needs of the individual that are important.

Answered: 1 week ago