SCENARIO RESPONSE 4: Legal MEMORANDUM (2) CP WRITTEN PRACTICE EXAMS

You are employed by a law firm that primarily represents plaintiffs in car wrecks and similar types of cases. Your supervising attorney has asked you to write a legal memorandum on the following facts:

On August 22, 20XX, a collision occurred between a car driven by our client, Charlotte Chapman, and a train operated by the Countrywide Railway Co., Inc. The collision took place at a railroad intersection that was partly blocked by trees and vegetation, resulting in significant damage to Chapman's vehicle. Chapman sustained injuries in the accident. Countrywide Railway Co., Inc. is a national company and operates on this line of track every day of the year.

During discovery, Countrywide Railway Co., Inc. raised issues about the ownership and maintenance responsibility for the track where the collision occurred. They claim that the crossing is maintained by another entity, the City of Anywhere, which has contracted all maintenance to a small, local company called "Track Truth Cleaners, Inc."

Shortly after the collision, Countrywide Railway Co., Inc. took remedial action by trimming the trees and bushes along the track near the crossing. They argue this was done as a safety measure to prevent future accidents.

Your issue for this legal memorandum addresses the claim by Countrywide Railway Co., Inc. As you know, the rules of evidence do not usually allow any testimony of any repairs done to an incident site after an injury. However, there are exceptions to this rule. Your memo should address whether the subsequent remedial measures taken by Countrywide Railway Co., Inc. to trim the trees and bushes along the track are admissible as evidence in a potential lawsuit by Chapman.

Your final product should be a legal memorandum that addresses the underlying evidentiary issue of subsequent remedial measures in the context of a collision involving Charlotte Chapman and Countrywide Railway Co., Inc. Your memo should address the legal issues and provide a well-reasoned analysis of the relevant law. Ensure that your response is well-organized, clear, and concise