Question
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.
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