Kenny Collects, told the intake staff that he was shopping at Pat's Pets, a pet store located in a strip mall just outside of downtown Capital City. Mr. Collects states that he went there for an adoption event sponsored by the local animal shelter, hoping to adopt a new cat or kitten.Mr. Collects told someone at the store that he was there to see the cats and was directed to a closed door that opened to a room filled with a large number of cats available for adoption.Disappointed to find there were no kittens available, Mr. Collects started playing with a number of adult cats to see if any had a personality suitable to him. He found an unusual-looking cat in a corner, hiding, and felt drawn to it.It seemed shy and crawled under a low bench. Now feeling sorry for the cat, he leaned his face down to make sure it was okay. The cat immediately leapt from the hiding place and violently attacked Mr. Collects' face, scratching his eye, nose, mouth, and cheeks. The wounds were significant, and our potential client's wounds became infected, causing permanent scarring and partial vision loss in one eye.

The client meeting went well, and the firm has decided to take on the client and file the lawsuit on their behalf of against Pat's Pets. The firm decided not to name the animal shelter at this time, but proceeded only against the pet store.

Your research demonstrates that Pat's Pets is located within the city limits of New York State capital. The adoption event your client attended was advertised on Pat's Pets Facebook page, and the announcement stated that all the pets available for adoption had been medically examined and determined ready for adoption, they had all been fixed or neutered, and received all appropriate shots and vaccinations. Your client saw this announcement and relied on it to adopt a cat from Pat's Pets.

Your client has previously owned numerous cats but is not an expert on veterinary medicine or cats. Your client reports that his physician has advised him that he currently has a 40% loss of vision in the left eye, which is likely to be long-lasting or permanent. The scarring on the client's face is chelated, obvious, and permanent. Aside from the scars, there is no long-term damage to the client's mouth.

The client has incurred medical bills of over $36,000 so far, with additional expenses likely should the client need eye surgery in the future. The client missed approximately four days of work at the time of the initial injury and another six half-days for follow-up medical care. Your client works as a tax accountant and earns a salary of $48,000 yearly. He has medical insurance, which has paid most of the bills.

You learned that after the client was injured, the cat which had scratched him escaped from the pet store; the cat was stuck by a car and injured. Upon being taken to the veterinarian, it was discovered that the cat was not an adult domestic cat, but a wild mountain lion kitten that had been turned into the shelter a few days earlier. While the shelter stated to the pet store that all the cats brought for adoption had been spayed or neutered and received all the appropriate shots and medical care, this mountain lion cub, while the size of a large cat, had not been provided the promised medical care, because it was not clear if it was a domestic cat. The city cited the pet store and shelter for unlawful possession of a dangerous animal. However, the cat was released to the wild before the veterinarian knew it had attacked a human, so it is not available for further investigation.

Your office received the Answer filed on behalf of the pet store. Attorney Files asked you to analyze the potential merit of the defenses raised and make an intra-office memorandum to him in which you identify, explain, and analyze the merits of each defense. In doing so, you must explain what facts the Defendant must prove to be successful on each defense (what are the elements of each defense) and assess the merit of each defense raised. In assessing the merit of each defense raised, you should consider whether the defense has any strengths or weaknesses based upon the law of New York State and the facts as you know them. The Pet Store has raised each of the following defenses in the Answer:

1. Contributory Negligence of the Plaintiff - Defendant claims that the lawsuit is barred by the contributory negligence of the Plaintiff for placing his face near an unknown animal without taking any precautions.
2. Comparative Negligence of the Plaintiff - Defendant claims that even if the Defendant was partially negligent, the Plaintiff's own conduct should be used to offset the claim and reduce the Plaintiff's damages.
3. Assumption of Risk - Defendant claims that Plaintiff knew it was dangerous to engage with a strange animal in such a way to put himself at risk.Defendant claims that as a result, the lawsuit is barred.
4. Failure to Name a Necessary Party- Defendant claims that because it was the negligent or reckless conduct of the animal shelter, and not Pat's Pets, that was the proximate cause of the injury, and they were not a named defendant, the case should be dismissed.

Conduct the necessary legal research of the law in New York State with regard to each of the above defenses raised by the Defendant.

• Evaluate and analyze each defense and each of the issues that the Managing Partner asked you to consider.
• Compose an intra-office memorandum to Attorney Files in which you address each item outlined above.
  • Provide at least three references, primary sources of law found using Lexis/Nexis from New York State properly cited pursuant to The Bluebook.