Sara Smiles has involved in an automobile accident almost 13 months ago, on October 6, 2022 That evening around 4:30 p.m., Sara was hurriedly driving home in her 2019 BMW 325i on Washington Street in Gurnee; in heavy traffic. She was on her way to pick up her child from daycare. As she approached the intersection of Milwaukee and Washington Street, which was approximately 7 blocks from the daycare, the intersection's traffic light turned yellow.

Even though the speed limit was forty-five miles per hour, Sara accelerated to fifty miles per hour to try to get through the Mil/Wash intersection before the light turned red. As she entered the intersection, the traffic in front of her suddenly stopped. Sara slammed on her brakes to avoid hitting the car in front of her and stopped in the middle of the intersection. When the light turned red the traffic in front of Sara remained at a standstill, leaving her stranded in the intersection.

Abe Kane was traveling south in Milwaukee and was the first car to stop at the Mil/Wash light. Kane, who had been drinking immediately before the accident, was paying little or no attention to the traffic in and around this intersection. When the light turned green, Kane floored his car's accelerator. His car roared into the intersection and smashed into the side of Sara's car before Kane even realized she was there. The force of Kane's car striking Sara's car shoved her car into a steel streetlight pole on the southwest corner of the intersection.

At the moment of impact with the pole, Sara's seat belt, manufactured by Elisha Seat Belt Corporation,broke. Without a seat belt to restrain her, she pitched forward, smashing her head and face into the windshield of the car. The airbag failed to inflate. The airbag was manufactured by The MosesAirbags Inc.

As a result of the accident, Sara suffered a fractured skull, three broken ribs, a punctured lung, and numerous deep facial cuts. Sara remained in the hospital for 6 weeks following the accident. Although she has undergone three plastic surgeries on her face and will undergo at least 2 more, Sara will have facial scars for the rest of her life.

Sara purchased her car two years ago; it was one year old upon purchase. The car was purchased at Abraham's Auto and was Pre-Certified. (Most often late-model, they differ from other used cars by having been inspected, refurbished, and certified by a manufacturer or other certifying authority). However, the warranty had run a month before. No mention was ever made of the seatbelt or the airbag being faulty. In fact, this was the first time Sara had cause to bring in the BMW for repairs. The car was deemed totaled.

Before the accident, Sara was a successful public relations specialist. Her yearly salary was $55,000 plus generous health and retirement benefits. However, because of the accident, Sara cannot make public appearances, an integral part of her job duties. As a result, she was fired.

Able's insurance company hassettled all claims against them with Sara. However, Sara has hired CLC & Associates to handle all of the remaining causes of action. The good news is that all the companies associated with this cause of action are located in Illinois.

ASSIGNMENT:You have been instructed to create an Interoffice Memorandum, which discusses all the possible causes of actions and possible defenses in this case. The Interoffice Memorandum Good Luck. No facts in the memo.

*** I want to make sure I am going in the right direction. The professor stated it can be formatted differently than a Memo. This is what I have so far.

*****

To:.

From:

Regarding:Causes of Actions and Defenses in Sara Smiles automobile accident.

Discussion:

1. Sara vs. The Moses Airbags Inc

Product Liability

For strict liability, the following elements must be shown:

The existence of an absolute duty on the part of the defendant to make safe.

Breach of duty-

Proximate Cause-

1. Sara v Elisha Seat Belt Corp.

Product Liability

Breach of duty-

Proximate Cause-

1. Sara v. Abraham's Auto

Product Liability

Breach of duty-

Proximate Cause-

Defenses

1. Sara v. The Moses Airbags Inc
2. Sara v. Elisha Seat Belt Corp.

1. Sara v. Abrahams Auto