To: Junior Attorney From: Supervising Attorney Date: April 24, 2023 Re: Thomas Collins/Emotional Distress/File No. 7688 ____________________________________________________________________________________ We have been retained by Tom Collins, a recent Bethesda-Chevy Chase High School graduate who seeks monetary damages from Ethan Bundy for emotional distress. I interviewed Collins and obtained some background materials, which I have placed in the case file. Once you review the case file, please conduct legal research concerning Collins's IIED claim against Bundy. Assume that we would file in Maryland state court and that Bundy could be sued in his individual capacity. Do not address affirmative defenses that Bundy could raise, like First Amendment protections, and do not address claims that could be brought by or against other parties. Other associates at the firm are exploring those issues.

Research Action Plan Form

Part One: Background

Name of client and matter number:

Final work product (e.g., memo, motion, or oral report) and due date:

Part One: Review the Client's Facts

Who:Who are the parties? What is their relationship to each other? Is client the plaintiff or defendant?

What:What happened? Who was injured?

Where:Location of events and injury?

When:Date (and time) of events and injury?

Why:Why is this being litigated? What relief does the plaintiff seek?

Part One: Identify the Governing Law

Federal or state law (or both):

Common law or statutory issue (or both):

What is the legal test (i.e., describe the elements of the claim)?

Part Two: Identify the Legal Issues and Keywords

Draft an initial issue statement (include controlling law, legal question, and legally relevant facts):

Initial keywords (i.e., search terms) to use:

Part Three: Identify Binding Authorities and the Most Relevant Authorities

Court deciding client's issue (e.g., state trial court?):

Binding authorities (e.g., decisions from intermediate appellate court?):

Highly to moderately persuasive authorities (e.g., decisions from federal circuit court?):

Track Your Research

Which databases or research platforms did you use?

Which secondary sources would be most useful for this type of problem?

List therelevant secondary sourcesfound andidentify what type of secondary sourceit is (e.g., legal encyclopedia):

Relevant binding authority found:

Relevant nonbinding (i.e., persuasive) authority found:

Relevant Digest Topics and Key Numbers:

link to police interview video https://www.youtube.com/watch?v=U7i_hwg0o8k

Client Intake Interview with Thomas Collins September 6, 2022 Interviewer: Suzanne FitzGerald, Partner Interviewee: Thomas Collins, Client SF: Mr. Collins, thank you for reaching out to my law firm about your legal issue. Before we begin discussing why you scheduled this consultation, can you please give me your name and date of birth? TC: Sure thing. My name is Thomas Collins, but everyone calls me Tom. I was born June 1, 2003. SF: What is your reason for coming in today? TC: My high school guidance counselor is ruining my life. I want to sue him for everything he's worth. SF: What is your guidance counselor's name and where does he work? TC: Ethan Bundy. He is a guidance counselor at Bethesda-Chevy Chase High School. I met him while working on my college applications. SF: What happened? TC: Well, it's a long story. I thought everything we talked about in his office had to be kept confidential, but he told everyone - my family, friends, and the police - about something very serious I spoke with him about. SF: What did you speak with Mr. Bundy about? TC: I told him the truth about a car accident. Last June, I... SF: June of 2021? TC: Yes, June 13, 2021. Brandy Smith, my girlfriend at the time, and I were heading home from a cookout. At the cookout, I drank six or seven beers in about two hours. Because I am underage, I poured the beers into a coffee thermos so no one would know I was drinking them, including Brandy. We had to leave the party before it ended because Brandy had to go to her mom's birthday dinner. On the way to Brandy's house, our car skidded off the road and hit a tree. It hit the car exactly where Brandy was sitting in the front passenger's seat. She was severely injured [...TC trails off...] SF: Did Brandy survive the accident? TC: No. SF: What happened after that? TC: Honestly, I don't remember much. The police showed up. An ambulance also came and took us both to the hospital. I was only there for a couple of hours before they discharged me. SF: Did anyone request a breathalyzer or urine test? TC: Nope. No one asked at the time if I had been drinking SF: How did you meet Mr. Bundy? TC: At my high school, guidance counselors are assigned alphabetically by last name. I ended up with Bundy. SF: Tell me about what you and Mr. Bundy talked about. TC: Well, we were paired up at the beginning of my junior year. Fall of 2020. At first, we just talked about my college applications, where I wanted to go, what I wanted to study, that kind of stuff. I actually thought he was pretty cool. SF: When did your opinion of Mr. Bundy change? TC: After the accident, I really struggled at home and at school. Going back to school in August 2021 was so hard. I felt so guilty about drinking and causing the accident and hurting Brandy. I stopped turning in assignments and my grades started to slip. I didn't feel like I could tell anyone the truth because I was worried it would destroy my future. I wouldn't be able to go to college or have a normal life. Mr. Bundy seemed concerned and like he really cared about me. He helped me re-focus on my schoolwork and start doing well in school again. My senior year spring semester grades weren't as good as they were before the accident, but they improved from the fall semester with his guidance and advice. Right before graduation, I confessed to him that I had been drinking before the accident. SF: What was Mr. Bundy's reaction? TC: He didn't say much. He got noticeably quiet, and our meeting ended shortly after. SF: What happened after that? TC: At first, nothing. Then, on the anniversary of the accident, I was tagged in a photo on social media. My parents and Brandy's parents were also tagged. The photo was of the bench that Brandy's parents purchased in her memory. Bundy had put liquor and beer bottles on and around the bench along with images of my wrecked car. He also spraypainted "I Know What You Did Last Summer" on the back of the bench in large red letters. I was stunned and scared. SF: What happened after the photo was posted? TC: The photo went viral. Bundy had made it publicly available and shareable. Everyone I know saw it. It was absolutely horrible. SF: What else happened? TC: Oh, gosh. . . a lot of things. My parents confronted me about the photo. I admitted to them that I had been driving drunk that night. They were incredibly upset and kicked me out of the house the following weekend. Brandy's parents used to talk to me, but they stopped and hired an attorney. The Montgomery County Police Department also reopened their investigation into the accident. I heard a rumor the cops also interrogated Bundy about what he did to Brandy's bench. I hope it is true and they charge him. What he did was disgusting. I applied to the mechanical engineering program at Rice University. In December 2021, I was admitted through the early admission program based on my grades and activities through the end of my junior year. I'm still not completely sure how Rice found out about the drop in my grades and the drunk driving; but somehow, they did and rescinded my admission. SF: That sounds terrible. Let's talk about the revoked admission offer. Can you describe what happened? TC: Yeah. About two weeks after the photo was posted, I received a letter from Rice that my admission was under review. Then, on August 1, 2022, an admissions officer from the university called and said my admission was being rescinded because of character issues and because my senior year grades were significantly lower than my g.p.a. when I applied. I also got a formal letter in the mail memorializing their decision. SF: Where have you been living since your parents kicked you out? TC: My grandmother is letting me live with her in exchange for helping her around the house. SF: Are you employed? TC: No. I lost my lifeguarding position back in late June after the photo went viral and I missed several shifts. Since then I haven't felt well enough to look for another job. SF: Are you attending a college or university? TC: I enrolled at Montgomery College this semester but couldn't attend my classes because of my agoraphobia and depression. I also haven't been sleeping well and have a headache on most days. I was afraid that getting poor grades at MC would further hurt my chances of transferring to a four-year school, so I withdrew late last week. SF: Are you currently seeing a mental health professional about these issues? TC: Yes, I am being treated by a psychiatrist, Sandra McCarthy. We meet twice a week for therapy and to monitor my medications. SF: What are your goals? What outcome would you like to see? TC: I don't know. I'm just hoping you can tell me what my options are and if I have a good case. Bundy completely messed up my whole life. I want payback.

Please answer this with detail in open memo format thank you i have linked a video. Please check that as well also i need a detail conclusion