Question
Could you provide feedback towards my closing argument? I feel as though I may be leaving out information, as well as making the closing argument
Could you provide feedback towards my closing argument? I feel as though I may be leaving out information, as well as making the closing argument appear more compelling towards a Jury.
Facts: The accident in which Ms. Harris was involved occurred when the vehicle she was driving collided at an intersection with a vehicle driven by Officer Drew Preston of the Anne Arundel County, Maryland Police Department.
Ms. Harris suffered several physical injuries in the accident;
Officer Preston's injuries were less serious.
After receiving the call, Officer Preston stated that he activated his patrol car emergency lights and siren. As he approached the intersection of Crain Highway and Hospital Drive, the traffic light at the intersection was red for persons traveling in the same direction. Officer Preston proceeded through and did not stop for the red light.
As he traveled through the intersection, he was caught off guard by Ms. Harris' vehicle traveling in the opposite direction. He tried to avoid colliding with her car but was not successful. He stated that he turned off his lights and siren after the collision and radioed for police and ambulance assistance.
Just prior to the accident, Paula Harris left a family dinner hosted at a relative's house. Ms. Harris stated that as she proceeded down Hospital Drive approaching the intersection with Crain Highway, the traffic light regulating her travel was red. She sat at the red light for approximately one and one-half minutes until the light turned green in her favor. There were no cars in front of her car. Ms. Harris stated that she proceeded to drive through the intersection.
Closing Argument:
(Please disregard the sources included in the closing argument, this is for a written assignment)
To recall, Defendant Preston and Plaintiff Harris were involved in an automobile accident on February 17, 2018, causing Plaintiff Harris to receive physical injuries. Defendant Preston proceeded through a red light, while responding to an emergency without stopping. The Defendant also states that he had "both lights and sirens on," at the time of the accident. Plaintiff Harris had a green light to proceed through the intersection. She also did not see or hear the lights and sirens on Defendant Preston's vehicle, before colling with him.
The Defendant will claim that because he is a police officer and was responding to an emergency, he was granted the privilege of not having to adhere to all traffic laws under Md. Code Ann. Transp. 21-106(b) (West, Westlaw through all legislation from the 2022 Regular Session of the General Assembly). The Defendant will also claim that because he was responding to an emergency when the accident occurred, that he is not liable for his negligent actions that caused damages to Plaintiff Harris, under Md. Code Ann., Cts. & Jud. Proc. 5-639(b)(1) (West, Westlaw through all legislation from the 2022 Regular Session of the General Assembly).
Plaintiff Harris was abiding by the traffic laws, as she waited at the light until it turned green before proceeding through. Again, she claims that she never saw nor heard the lights and sirens of the Defendant's vehicle.
All four witnesses state that they "never heard any police sirens." Prior to the Defendant entering the intersection three witnesses state seeing the Defendants lights on, but two witnesses state that he turned them off just before entering the intersection. Another witness who was directly behind Plaintiff Harris, states that she "never saw any police lights or heard any sirens."
Now I ask you as the jury, was Ms. Harris properly adhering to all traffic laws? Does it appear that Defendant Preston actually had both his lights and sirens on, the moment he collided with Plaintiff Harris? Would Plaintiff Harris had been injured, if Defendant Preston had slowed down before entering the intersection? The facts and questions have been laid out in front of you. I now ask that you view the unchanging facts on your own and determine who you honestly believe is liable for the accident.
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