SCENARIO: The potential client, 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.

Intra-Office Memorandum

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 prepare 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 in Indiana 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.

Directions

Conduct the necessary legal research of the law in Indiana 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 of at least five hundred words 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 Indiana properly cited pursuant to The Bluebook.