Tort Law for Paralegals Chapter 8

Draft a Complaint for either the Greens or for Mr. Blue.

On Jue 19, 2021, Sue Green and her husband, Harold, were travelling south on Meed Street in New Nevada, at about 3:30 pm. Their 11-year-old daughter, Julia's riding in the back seat behind her motherSue's husband was driving his 2011 Ford Mustang. As Harold approached the intersection of Meed and 10th Street,he stopped at the stop sign and looked both ways before he proceeded through the intersection. Blue Boy Jones was driving his 2001Ford truck west on Tenth Street. The intersection of Meed and Tenth iscontrolled by a stop sign in the Greens' direction. Blue Boy had no traffic control device facing his direction. As Blue Boy proceeded through the intersection of 10th and Mead, Harold's vehicle struck Blue's truck on the side. causing it to hit a vehicle that was parked on the street. Harold, Sue and Julia as well as Blue were injured. Both vehicles were severely damaged.

Harold claimed that he did not see Blue's vehicle as the sun was shining in his eyes. and blurred his vision.

Some of you are employees of Attorney April Brown whose office is located at 1300 What Street, Suite 20 in Last Wages New Nevada. Your office is representing Mr. Blue. The GreenFamily is breping represented by James Brown of Broown, Brown, and Brown whose offices are located at 20 Who Street, Suite 38, in New Nevada.

Hers's a sample of a complaint:

(You may also find sample Complaints online in and in the Nevada Civil Trial manual.)

NALS-1 http://www.nals.org National Federation of Paralegal Associations http://www.paralegals.org As the two 'Lectric Law Library Dangerous http://www.lectlaw.com of traffic, Cornell Law School-Legal Information Institute (Wex) to the col depart fr https://www.law.cornell.edu/wex automobi mabroqeeM to son bive Forms and Court Documents Defenda a. Failed Notice the loss of consortium claim alleged in paragraph 9. b. Failed c. Dro STATE OF PLACID minisisbe IN THE SUPERIOR COURT d. Faile COUNTY OF BARNES 10 1019129 FILE NUMBER: Joseph Josephson and As a re Marie Josephson, Plaintiffs bewolfe oats atom be ries ca an am beauso eespeds orb ninth Plain Darryl Dangerous, repea home in Defendant. effect sus er duods anoliesto Complaint As a Jose Now comes the Plaintiffs in the above-styled action and complaining of the ombibaniDefendant do hereby allege: lisio Pla shi Plaintiffs are both citizens and residents of Barnes County, State of Placid. an col wa Defendant is a citizen and resident of Barnes County, State of Placid. lis out is bluoda in $161 3. Placid. On December 20, 2017, Plaintiff Joseph Josephson was driving a 2015 Honda Viper northbound on Starnes Cove Road in the City of Bevanston, State of beworks lodhiChapter 8 Damages 4 . ionals 299 defendant, Darryl Dangerous, was driving his car, a 2006 KIA Sport, on the same road, in a southbound direction. Ions 5 . be to lalbusy the two cars approached one another on Starnes Cove Road, Defendant Aingerous crossed the centerline of the road and entered the Plaintiff's lane traffic, striking the Plaintiff's car in a head-on collision. At all times prior "the collision, Plaintiff was operating within his lane of traffic and did not stitute (Wex) Brion depart from his lane until his automobile was struck by the Defendant's automobile. 6 . Defendant was negligent in that Defendant: cuments a. Failed to maintain a proper lookout b. Failed to keep his car within his own lane of traffic ged in paragraph 9. c. Drove at excessive and dangerous speeds d. Failed to keep his vehicle under proper control HE SUPERIOR COURT 7. NUMBER: As a result of the collision, Plaintiff received serious and painful bodily inju ries causing medical and other expenses, lost earnings, and other damages, in an amount in excess of $10,000. 8. Plaintiffs incorporate each and every allegation as set forth hereinabove and repeat and re-allege each such averment hereinafter with the same force and effect. indi nodingosan anton 9 . As a direct and proximate result of the injuries sustained by Plaintiff Joseph Josephson, the husband of Plaintiff Marie Josephson, resulting from the col- lision herein complained of and by the Defendant's negligence as alleged, ion and complaining of the Plaintiff Marie Josephson has been caused to be deprived of love, companion- ship, society, relations, and normally expected and rendered household duties and chores performed and rendered by Plaintiff Joseph Josephson prior to the County, State of Placid. collision herein complained of. Plaintiff Marie Josephson's spouse, Joseph, was able to and in fact did perform and render such services prior to the col- lision complained of herein and such loss of consortium is a direct and prox- nty, State of Placid. Plaintiff's spouse . "mate result of the negligence of the Defendant and the resulting injuries to was driving a 2015 Hond WHEREFORE , the Plaintiffs pray the Court as follows: City of Bevanston, State of . That the Plaintiffs have and recover a judgment against the Defendant in an amount in excess of $10,000.00 for personal injuries. 2. That the Defendant be assessed with punitive damages as permitted by law. 3. That prejudgment interest be awarded as provided by law.Chapter 8 300 4. That the costs of this action be taxed against the Defendant. 5. That all issues raised be tried before a jury.orgnell lynn 6. For such other and further relief as the Court may deem just and proper day of June 2018. This the Clarence D. Arrow ofgillos no- besti sumi ins e funnels ard andline affimins Attorney for Plaintiffs all nichiw animego sew litgiel mojifood State Bar No. 000-998 sia cow slidon aid than onel eid mont now Certificate of Service This is to certify that the undersigned has this date served this document in the above-captioned action on all other parties to this cause by depositing a copy hereof, postage prepaid, in the United States Mail, properly addressed to the attorney for each party as follows:wa miriity to all good often This the day of June 2018. Respectfully submitted, By : IN THE SUPERIOR Attorney for Plaintiffs e bevisosy Bigfall more llop erdt to fluent on bris agnimes isol esamege Torito bris Issiborn unless a Key Terms .000,012 10 220929 mi Jauo Collateral source rule Equity Compensatory Loss of consortium damages Fair market value Mitigation of damages Declaratory judgment General damages Per diem Injunction Special damages Review Questioned to basdevil all 1 What are the three categories of damages? 2 Why do courts make a 3 Describe h