HypotheticalforAssignment 2

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.

PleaseprepareaComplaintforreviewbyRickFire,your supervising attorney.

Use the Examples as templates to help give you a frame for drafting these documents

STATEOFSOUTHCAROLINA	)	INTHECOURTOFCOMMONPLEAS
	)
COUNTYOF BEAUFORT	)	FOURTEENTHJUDICIALCIRCUIT
	)
JESSIE A. WHITESIDE, individually and as Guardian ad Litem, for C.W. andG.W.,bothminorchildrenunder the age of fourteen years,	) ) ) ) )	C/ANO.:2018-CP-07-
Plaintiffs,	)
	)	COMPLAINT
v.	)
	)
NOAHAUSTINGILBERT,	) )
Defendant.	)

Plaintiffs,byandthroughtheirundersignedcounsel,complainingofthe Defendant, Noah Austin Gilbert, respectfully allege the following:

PARTIESANDJURISDICTION

1. Plaintiff Jessie A. Whiteside (hereafter "Jessie"), is a citizen and residentof Beaufort County, South Carolina.
2. Plaintiffs, C.W.and G.W.,(hereafter"the children")areboth minorchildren under the age of fourteen years who reside in Beaufort County, South Carolina withtheir father and natural parent, Plaintiff Jessie A. Whiteside.
3. At all times herein, Jessie was living in the same household with and acting as Parent and Guardian ad Litem for his minor children, C.W. and G.W.
4. Plaintiff Jessie is duly qualified and legally obligated to bring this action on behalf of his minor children, C.W. and G.W.
5. Plaintiff Jessie has no interest adverse to those of his minor children, and he is duly qualified to protect their interests in this action.
6. Plaintiff Jessie has been duly appointed as, or will soon be appointeduponproperapplicationandapproval,theGuardianadLitemfortheminorchildren,

C.W.andG.W.,inordertoprosecutethisactionontheirbehalf.

1. Upon information and belief, Defendant Noah Austin Gilbert (hereafter "Gilbert" or "Defendant"), is a citizen and resident of Beaufort County, South Carolina, residing at 5 Pelican Cove, Fripp Island, South Carolina.
2. The motor vehicle collision incident giving rise to this action occurred on Hwy 21/ Sea Island Parkway in Beaufort County, South Carolina on or about June 19, 2017.
3. This action is timely brought, and all necessary and proper parties are correctly identified and joined herein.
4. This Court has jurisdiction over the subject matter and parties herein, and venue is proper in the Beaufort County Court of Common Pleas.

FORAFIRSTCAUSEOFACTION

(Negligence)

1. The entire content of the preceding paragraphs is hereby realleged and incorporated by reference.
2. On or about June 19, 2017 the minor children herein were lawful passengers in Jessie's vehicle while approaching the intersection of Sams Point Road and Sams Point Way on Lady's Island in Beaufort County, South Carolina.
3. On this date and location, the minor children were both rear seat passengers in their father's vehicle, and they were properly restrained in child safety seats.
4. On this date and location, Defendant Gilbert was driving a vehicle owned by his employer, Carolina Custom Carts & Outdoors, Inc., with its express knowledge and permission.

1. At all times herein Jessie and his passengers had the right of way and Jessie was operating his vehicle safely and lawfully.
2. On this date and location, Defendant Gilbert caused a severe crash between his vehicle and Jessie's vehicle.
3. This collision was solely Defendant Gilbert's fault, and Plaintiffs didnothing to cause or contribute to the collision in any way.
4. This collision occurred during daylight conditions along a straight, flat stretch of highway.
5. This collision caused each and all of the Plaintiffs herein to suffer injuries and other damages.
6. The minor children sought and received medical treatment because of the injuries caused to them by Defendant.
7. All the medical treatment undertaken by the minor children after this collision was reasonable, necessary, and medically indicated due to the injuries caused to them by Defendant.
8. Both of the minor children herein suffered bruising due to the trauma caused by this motor vehicle crash.
9. All of the medical expenses incurred by Jessie, on behalf of his minor children, by their health care providers following this incident were reasonable and customary charges within the South Carolina medical community.
10. This incident also caused Plaintiffs to suffer human losses such as physical pain, suffering, fear, anxiety, loss of enjoyment of life, and mental anguish.
11. Asdrivers andusers ofthepublic highways intheStateofSouthCarolina,

Plaintiffs are owed duties of due care by Defendant Gilbert while he is operating any motor vehicle on the highway.

1. By his careless, negligent, grossly negligent, and reckless conduct in the operationof amotorvehicleonJune19,2017,DefendantGilbertbreachedthedutiesof ordinary care owed to Plaintiffs as follows:
   1. Failingtokeepavehicleunderpropercontrol;
   2. Failingtokeepaproperlookout;
   3. Failingtoyieldtherightofway;

1. Failingtousethedegreeofcareandcautionwhichareasonable person would have used under the circumstances;
2. Operatingamotorvehiclewitharecklessdisregardfortherightsof others lawfully upon the highway;
3. Causingamotorvehicletocollidewithanothervehiclelawfully upon the highway;
4. Travelingtoofastfor conditions;

1. Drivingwhiledistractedorinattentive;

1. ViolatingoneormoreofthetrafficstatutescontainedintheCodeof Laws for South Carolina; and,
2. Otheractsofnegligentandrecklessconductthatwillbeshownby the evidence produced at trial.
3. Defendant Gilbert's conduct and omissions showed a substantial disregard for the safety of Plaintiffs on this date and location.
4. There were no obstacles or conditions upon the highway or the

surrounding areas which in any way impaired Defendant Gilbert's view and ability to observe and react to the conditions around him.

1. AsadirectandproximateresultofDefendantGilbert'scareless,negligent, grossly negligent, and reckless conduct, each and all of the Plaintiffs herein have suffered injuries and other damages, including but not limited to the following:
   1. Physicalinjuries;
   2. Medical expenses;
   3. Mentalanguishandemotionaldistress;

1. Fearand anxiety;

1. Painand suffering;

1. Outofpocketexpensesandmileageexpenses;

1. Lossofenjoymentoflifeandinconvenience;

1. Alterationoflifestyle; and,

1. Otherdamagestobeshownbytheevidenceproducedattrial.

1. Plaintiffs are entitled to judgment against Defendant Noah A. Gilbert for actual damages, for punitive damages, for the costs of this action, for pre-judgment interest on all special damages, for post-judgment interest, and for any other relief the Court deems just.

WHEREFORE, having raised their Complaint herein, Plaintiff, Jessie A. Whiteside,individuallyandasParentandGuardianadLitemfortheminorchildren,

C.W. and G.W., requests that this Court inquire into the matters set forth herein and grant them judgment against the Defendant, Noah Austin Gilbert, for actual damages, for punitive damages, for the costs of this action, for pre-judgment interest on all special

damages,forpost-judgmentinterest,andforanyotherrelieftheCourtdeemsjust.

Dated:August21,2018 HiltonHeadIsland,South Carolina

/s/ Michael P. Bennett MichaelP.Bennett,Esquire SCBarNo.101925;Fed.I.D.No.12213 BERRY & CARR, P.C. AttorneysatLaw 2 SpanishWells Road HiltonHeadIsland,SC29926 Phone: (843) 686-5432 Facsimile:(843)785-6173 AttorneyforPlaintiffs