I need helol writing a pre-trial memorandum to inform the trial judge about the case. Include facts, discussion of legal issues, potential witnesses and exhibits.

Murphy, Miller & Dorn Attorneys at Leaw 3678 Center Boulevard Suite 2020 Anytown, USA 11111 DANIEL MURPHY, ESQ. Telephone: 5535-355-9876 REBECCA MILLER, ESQ. Fax: 555-355-9877 TRAVIS DORN, ESQ. www.murphymillerdorn.com May 3, 2024 Ida Ipana 249 Harrison Ave Anytown, USA 11111 RE: IPANA V. SHIGLEY'S SUPERMARKET Our File No. 1296MR, Dear Mrs. Ipana: [ am writing to inform you that our office has received a settlement offer from Shigley's Supermarket. The offer is for $75,000.00. lgal represe; ,.my goal has always been to ensure you receive just compensation for the injuries and losses you suffered due to the November 11, 20X X incident. Considering your injuries, the defendant's negligence, and the potential long-term effects on your health, this settlement requires careful consideration. I recommend accepting this offer as being in your best interest. Please allow me to explain this recommendation and the disadvantages of accepting this scttlement. Advantages of accepting the Settlement: * Guaranteed Compensation: Accepting the settlement ensures that you will receive a specific amount of compensation without the uncertainty and risks associated with prolonged litigation. in favor of the defendant. The settlement guarantees the outcome of receiving compensation. o Time and Cost Saving: Pursuing a trial can be time-consuming and expensive. Accepting the settlement allows you to avoid further legal fees, court costs, and the emotional toll of a protracted legal battle. Disadvantages of Accepting the Settlement: * Potential Under-Compensation: The settlement amount may not fully cover future medical expenses or compensate for the pain and suffering you have endured. e Waiver of Rights: Accepting the settlement typically involves waiving your right to pursue further legal action against the defendant, closing the door to future claims related to this incident. In evaluating this settlement offer, it is essential to consider both the immediate financial benefits and the long-term implications for your well-being and legal rights. We understand this decision is significant and are here to provide guidance and support as you weigh your options. Please take the time to review this offer carefully, and feel free to contact us with any questions or concems you may have. We are committed to representing your best interests and will support your decision. Please respond to this letter with your decision by May 13, 2024. If you have any questions regarding the above, please contact me immediately. Very truly yours, TRAVIS DORN, ESQUIRE Shigley's Supermarket Anytown's Food Emporium Since 1954 Incident Report Date of Incident Time of Incident 9:45 am Place of Incident (specific) Aisle # 3 Frozen Foods Employee(s) Reporting Incident: Jerrica Martin, produce Mqr. Name(s) of person(s) involved Contact information Lida Ipanic, customer 249 Harrison Dive Any town 535 555 7690 What did you personally witness? Observed leak / spill in Aisle 30 9am and ordered clean up & caution pylon. Please describe how the situation was handled: Pylon in place, clean up not gut camp hexed when incident alured. Rescue Squad transported injured. Clean up completed 10:15 and. Employee(s) Signature(s): alan Masters Date : 11 / 11 /xxCOURTS OF THE TRIAL DIVISION OF ANYTOWN, USA 6. The aforesaid incident was caused solely and proximately by the actions of the defendant acting as aforesaid and which consisted, inter alia, of the following: a. Failing to properly maintain the premises so as to furnish business invitees, IDA IPANA JURY TRIAL DEMANDED including plaintiff, with a safe environment in which to conduct business; 249 Harrison Avenue b. Improperly maintaining the premises so as to furnish business invitees, including Anytown, USA 11111 Plaintiff, FILED plaintiff, with a safe environment in which to conduct business; SEPTEMBER 13, 20Xx c. Failing to repair defects that existed prior to plaintiff's fall; V. d. Improperly repairing defects that existed prior to plaintiff's fall; CASE NO. 10-7575 SHIGLEY'S SUPERMARKET, INC. e. Failing to properly supervise its employees in the maintenance and care of the 1675 State Street premises; Anytown, USA 11111 f. Improperly supervising its employees in the maintenance and care of the Defendant. Case No. premises; CIVIL ACTION COMPLAINT g. Failing to inspect the premises; h. Improperly inspecting the premises 1. Plaintiff, Ida Ipena, is an adult individual who resides at 249 Harrison Avenue, Anytown, i. Failing to warn plaintiff and other invitees of the dangerous and defective USA. condition that existed on the premises; 2. Defendant, Shigley's Supermarket, Inc., is a corporation organized and existing under and j. Improperly warning plaintiff and other invitees of the dangerous and defective according to the laws of Anytown, USA having its principal place of business located at 1675 condition that existed on the premises; State Street, Anytown, USA. k. Otherwise failing to exercise due care in the maintenance of its premises and in its 3. On or about November 1, 28%% plaintiff, Ida Ipana, was a business invitee of defendant, duty to plaintiff. Shigley's Supermarket, Inc., when she was caused to slip, trip, stumble or fall due to the 7. Solely as a result of defendant's negligence, carelessness, and recklessness as aforesaid, dangerous and defective condition of the defendant's premises, thereby sustaining the serious plaintiff has sustained severe and possibly permanent injuries to her body, back, neck, and and severe injuries hereinafter described more fully. limbs including, but not limited to, concussion, headaches, nausea, dizziness, blurry vision, 4. At all times material to the within cause of action, defendant, Shigley's Supermarket, Inc., slurred speech, cervical sprain and strain and lumbar sprain and strain. acted by and through its agents and employees who were then and there acting within the 8. Solely as a result of defendant's negligence, carelessness, and recklessness as aforesaid, scope of their employment and authority. plaintiff has been and may continue to be forced to expend monies on medical treatment and 5. At all times material to the within cause of action, defendant, Shigley's Supermarket, Inc. care in an effort to cure herself of her injuries. knew or should have known of the dangerous and defective condition of its premises. 9. Solely as a result of defendant's negligence, carelessness, and recklessness as aforesaid, plaintiff has suffered and may continue to suffer a loss of earnings and earning capacity all to her great detriment and loss.10. Solely as a result of defendant's negligence, carelessness, and recklessness as aforesaid, plaintiff has and may continue to endure embarrassment, humiliation, pain and suffering. WHEREFORE, plaintiff demands judgment against the defendant, Shigley's Supermarket, VERIFICATION Inc. in an amount in excess of FIFTY THOUSAND ($50,000.00) DOLLARS together with Ida Inana Plaintiff _in the above-entitled action, having read the contents of the interest and costs of the suit. foregoing pleading entitled Plaintiff's Civil Action Complaint verifies that its contents are true and correct to the best of her knowledge, information and belief. False statements made herein are subject to the penalties of the laws of Anytown, USA, relating to unsworn falsification to authorities. MAXINE FONTANA, ESQUIRE MacDonald & Fontana One Hightower Place Suite 108 Anytown, USA 11111 Attorney ID # 090909 DATED: September 13, 20XX Ida Ivana Attorneys for PlaintiffCLIENT INTAKE INCIDENT DESCRIPTION: TYPE OF CASE: Fall Down DOA: Saturday, November 11, 20Xx CLIENT INFORMATION: FULL NAME: Ida Ipana MAIDEN/ALIAS: Rockwell (maiden POA: Shigley's Supermarket, frozen food aisle CURRENT HOME ADDRESS: 249 HarrisonAvenue, Anytown, USA 1IIII OTHER PARTY: Home: 555-555-7690 Business: same Cell: 555-555- 9999 NAME: Shigley's Supermarket SOCIAL SECURITY NUMBER: 000-00-0055 ADDRESS: Anytown Shopping Plaza DATE/PLACE OF BIRTH: January 25, 19XX Anytow CECA 1675 State Street Anytown, USA 11III MINOR: YES NO \\ GUARDIAN: CHILDREN/NAMES/AGES: PHONE: 555-555-4466 Hilary, 10; Douglas 7, Susan + MILITARY RECORD: none CRIMINAL RECORD: none DESCRIPTION OF INCIDENT: NAME/ADDRESS CURRENT EMPLOYER: Was food shopping at Shigley's Supermarket Saturday morning Publishers' Warehouse November 11, 20XX. Arrived at approximately 9:30 au Carrying 78356 Center Boulevard shoulder bag and shopping list. Placed shoulder bag in infant seat Anytown, USA 11III part of a shopping cart while outside the front doors and proceeded inside to first aisle to select produce. Then stopped at the meat POSITION/YEARS EMPLOYED: Telemarketer/ 4 years counter and selected several packages of chicken and meat. Skipped Aisle 2 and proceeded to frozen foods in Aisle 3 which is lined with CURRENT SALARY/EARNINGS: 20* commustowowall magazine salex Works freezer cases. Plaintiff was looking in the freezer cases trying to find 20-25 houryper week: Most sold tivone week: $2,000.00 earning a particular brand. No-more than 4-5 steps into the aisles feet went commission of $400.00. out from under her. Fell backwards, struck shouldery against floor INCOME PAST 5 YEARS: between $10-20,000 per year and then her head hit floor hand. Felt pain and then everything went black Woke up in hospital. SPOUSE INFORMATION: On day of accident was wearing jeans sweater, leather bomber FULL NAME: Isaac Ipara MAIDEN/ALIAS: none jacket and boots with 2 -inch heels. CURRENT HOME ADDRESS: 249 HarrisonAvenue, Anytown, USA IIIII Brought home clothes worn that day when discharged from hospital Home: 555-555-7690 Business: 555-555-8222 Cell: 555-555-9998 Clothes stained with dirt and what looked like water or Auld stains SPOUSE'S EMPLOYER: Liberty University, full-timefaculty INSURANCE: USA Health Care Group # ABC 54444XY; insured through husband'splanINJURIES/DAMAGES COMPLAINED OF: Cerebral concusstor cervical tryjury; lumbosacral tryjury; slurred speechy headaches MEDICAL TREATMENT: GoodHeart Hospital, hospitalized I week/ Intensive Care to night Dr. Claudia Grossman, family physician - 5 months Dr. Judith Kuperman, M.D., neurologist -3 visits PRIOR INJURIES: 20XX back inyury while water skiing WITNESSES: Other customers and store employees - names unknown NAME: ADDRESS: PHONE: SUMMARY OF INFORMATION KNOWN TO THIS WITNESS:[POURTS OF THE TRIAL DIVISION OF ANYTOWN, USA DA IPANA Plaintiff, SHIGLEY"S SUPERMARKET, INC. Defendant. Case No. 10-7575 ENTRY OF APPEARANCE To the Clerk of the Courts: Please enter my appearance for the Defendants in the above-captioned case. Candice Rodgery October 20, 20XX CANDICE RODGERS, ESQUIRE DATE Franken, Donnelly & Rodgers, LLP. Two Hightower Place 14" Floor Anytown, USA 11111 555-555-3400 Attomey [D #: 67523 COURTS OF THE TRIAL DIVISION OF ANYTOWN, USA DA IPANA Plaintiff, SHIGLEY'S SUPERMARKET, INC. e o 10 Defendant. : Case No. 10-7575 DEFENDANT'S ANSWER TO CIVIL ACTION COMPLAINT Dented. Defendant is without sufficient information to form a belief as to the truth and veracity of this allegation and, therefore, same is denied. Admitted. Denied. Defendant is without sufficient information to form a belief as to the truth and veracity of this allegation and, therefore, sume is denied. Denied as a conclusion of law. Denied as a conclusion of law. Denied as a conclusion of law. Denied. Defendant is without sufficient information to form a belief as to the truth and veracity of this allegation and, therefore, same is denied. Denied. Defendant is without sufficient information to form a belief as to the truth and veracity of this allegation and, therefore, same is denied. Dienied. Defendant is without sufficient information to form a belief as to the truth and veracity of this allegation and, therefore, same is denied. Denied. Defendant is without sufficient information to form a belief as to the truth and veracity of this allegation and, therefore, same is denied. WHEREFORE, Defendant demands judgment in its favor. 14. 15. NEW MATTER ......... ...... . The alleged negligence of the defendant was not the proximate cause of the alleged accident or plaintiff's injuries. . At all imes material to this cause of action, plaintiff failed to exercise the proper care and precaution required of an ordinary and prudent person under the circumstances and, therefore, her claims should be barred or should be mitigated by her comparative negligence. Plaintiff"s negligence, carelessness, and recklessness was an intervening and superceding cause of her injuries. Plaintiff assumed the risk of injury. WHEREFORE, Defendant demands judgment in its favor. CandiceRodgery CANDICE RODGERS, ESQUIRE Franken, Donnelly & Rodgers, L.L.P. Attormney for Defendants Two Hightower Place 14" Floor Anytown, USA 11111 555-555-3400 Attorney [D #: 67523 MASTERS: It was maybe 12 inches by 18 inches. It wasn't very deep -maybe a quarter of an DORN: And did you make that broadcast? inch. MASTERS: Yes. DORN: Was the liquid clear? DORN: At what time did you make the broadcast? MASTERS: Yes. MASTERS: Only a few minutes after I found the spill or whatever it was. DORN: Could you tell the source? DORN: And then did you check up to see that your request has been acted on? MASTERS: Not really. It wasn't coming out from underneath any of the freezer cases. It had a lot of footprints going through it. MASTERS: No. I assumed someone would take care of it. DORN: What did you think the footprints indicated? DORN: It seems you did a lot of assuming that day didn't you? MASTERS: I don't know. Probably that people had been walking through it and tracking it to RODGERS: Don't answer that. Mr. Dorn, please stick to questions or we'll have to leave. the front of the store. DORN: What happened next? DORN: And prior to this not one of your employees notified you of a problem? MASTERS: Someone came running into the office shouting that a customer had a bad fall. I. MASTERS: No. called for an ambulance. DORN: Shouldn't there have been employees working in that aisle? DORN: Mr. Masters, you were asked to bring with you today all Shigley's Supermarket's records pertaining to this incident, is that correct? MASTERS: I don't know. It's not like we assign someone to guard each aisle. MASTERS: Yes. I brought with me the incident report. DORN: And you hadn't made a single inspection that day had you? DORN: This single piece of paper (Dorn holds up a piece of paper with writing on it) MASTERS: No. Not yet. comprises the entire investigation you performed following this incident? DORN: What did you do after finding the puddle? MASTERS: Yes. MASTERS: I was on my way to find someone to clean it up. I saw Jessica Martin, the produce DORN: And who prepared this report? manager coming in from the loading dock. I asked her to place a pylon at the front of the aisle to warn customers. The pylons say "wet floor" on them. MASTERS: I did. DORN: Were those your words "front of the aisle?" DORN: Please read what you wrote under "What did you personally witness." MASTERS: I don't really remember what I said. I told her there was water in Aisle 3. I. MASTERS: Observed leak, spill in Aisle 3 at 9 am. and ordered clean-up and caution pylon. assumed she would take care of it. DORN: What time does your report say the incident occurred? DORN: And you didn't instruct her to put pylons at each end of the aisle, did you? MASTERS: 9:45 a.m. MASTERS: I don't remember. DORN: And please read into the record what you wrote under "please describe how the DORN: You didn't follow up to see if the pylon was put in place, did you? situation was handled." MASTERS: No. I went to broadcast for a clean up so the water would be wiped up. MASTERS: Pylon in place, clean up not yet completed when incident occurred. Rescue squad transported injured. Clean-up completed 10:15 a.m.DORN: So to recap, you never inspected the market before opening that day, you didn't follow RODGERS: Have you ever had a spill or puddle in the store before? up after asking someone else to place a warning, and you didn't follow up on whether the problem had been resolved - is that fair to say? MASTERS: Absolutely. But you know what? Anyone who shops in a grocery store knows there will be puddles and squashed produce and other things that the store needs to clean up. RODGERS: Objection. (Turning to Masters) you may answer the question. Customers need to watch out for those things - that's just part of the shopping experience at a supermarket. MASTERS: That may seem to be what happened, but I did everything by the book. RODGERS: Thank you Mr. Masters. I have nothing further. DORN: Thank you, I have no further questions. RODGERS: Mr. Masters, I have just a few questions. What do you mean by "by the book?" FADE OUT. MASTERS: [ trained for many years, first as a cashier, then as an assistant manager and finally as a manager to get to where I am now. I know how to run a store. You can't be looking everywhere every minute, especially in a supermarket where people spill stuff all the time. We make regular, routine inspections and every employee knows to look out for any mess that may happen. The puddle must have just happened or someone would have reported it and it would have been cleaned up. RODGERS: When you opened the store that morning was there any indication of a problem in Aisle 3? MASTERS: No. RODGERS: When you opened the store were there any smears or streaks on the floor at the front? MASTERS: No. RODGERS: And at no time prior to 9 a.m. did any of your employees or customers report a problem? MASTERS: No. RODGERS: Mr. Dorn would have us believe the problem existed for quite some time before Mrs. Ipana's accident. Could this have been the case? MASTERS: I don't think so. My experience tells me that the problem had probably just happened, otherwise it would have been reported. RODGERS: But how can you explain the large amount of tracks you observed at the front of the store? MASTERS: Saturday is our busiest day, especially in the morning. A puddle can get tracked all over the store in as little as 10 minutes.COURTS OF THE TRIAL DIVISION OF ANYTOWN, USA 3. All photographs taken or diagrams prepared of the scene of the incident or any IDA IPANA instrumentality involved in this incident. .. Plaintiff, 4. Any and all documents containing the names and home and business addresses of all V. individuals contacted as potential witnesses. . . SHIGLEY'S SUPERMARKET, INC. . . 5. Reports of any and all experts who will testify at trial. Defendant. . . Case No. 10-7575 6. All incident or other internal reports, statements and documents in your possession PLAINTIFF'S REQUEST FOR PRODUCTION OF DOCUMENTS that relate to this incident. 7. Any and all investigative reports, memoranda, correspondence and or other documents Pursuant to Rule 34 of the Rules of Civil Procedure, you are hereby requested to produce whether in print or electronic form that pertain to the subject matter of this incident. the documents and/or items listed below for the purpose of discovery. For the purposes of this Request, the term "document" will refer to and include both print 8. All insurance contracts applicable to coverage in place at the time of the incident. and electronic information as defined by the Rules of Civil Procedure. 9. All documents defendant intends to introduce at trial. This material or your response to this Request is to be produced at the law offices of Murphy, Miller & Dorn, 5678 Center Boulevard, Anytown, USA 11111 no later than thirty (30) 10. All documents upon which defendant will rely in any manner to rebut plaintiff's case days from the receipt of this Request and supplemented thereafter in accordance with the Rules at trial. of Civil Procedure. 1 1. All records, reports, or documents related to safety inspections, maintenance logs, or 1. The entire contents of any investigation or other documentary material in your incident reports for Shigley's Supermarket covering the period from January 1st to November possession which supports or relates to the allegations contained in plaintiff's complaint or 11th of the year in question, including but not limited to any records pertaining to spills, leaks, or defendant's answer or new matter (excluding references to mental impressions, conclusions or hazards in Aisle 3 or other areas of the store. opinions respecting the value or merit of the claim or defense or any privileged communications). 12. Any training materials, manuals, or documentation provided to Alan Masters or Shigley's Supermarket employees regarding safety protocols, hazard identification, spill 2. Any and all statements concerning the action, as defined by the Rules of Civil response procedures, or customer safety awareness during the relevant period leading up to the Procedure, from any and all witnesses including any statements from the parties or their incident on November 11 th. respective agents, servants, or employees.13. All communications, including emails, memos, or written directives, exchanged between Alan Masters and Shigley's Supermarket employees, supervisors, or vendors regarding the maintenance, inspection, or cleaning of Aisle 3 or any other areas of the store on the date of the incident (November 1 1th). 14. Copies of any surveillance footage, security camera recordings, or visual documentation capturing the events leading up to and following the incident involving Mrs. Ida Ipana on November 11th within Shigley's Supermarket, including footage from cameras positioned in Aisle 3 or other relevant areas of the store. 15. All records, invoices, purchase orders, or agreements related to the procurement of floor cleaning equipment, supplies, or services utilized by Shigley's Supermarket during the relevant period leading up to the incident on November 11th, including but not limited to contracts with cleaning companies, vendors supplying floor cleaning products, and maintenance agreements for floor cleaning machinery. MURPHY, MILLER & DORN BY: TRAVIS DORN, ESQUIRE Attorney ID# 86754 Attorney for Plaintiff