Question
Write a memo for the following below; You are a paralegal working for a small law firm, and I am your supervising attorney, so the
Write a memo for the following below;
You are a paralegal working for a small law firm, and I am your supervising attorney, so the memo must be directed to me. We recently interviewed a potential client, Andrew R. Burgundy (hereinafter Mr. Burgundy), who was injured when he slipped and fell on ice and snow in the parking lot of a local store, FastStop Market, Inc. (hereinafter FastStop.) It had been snowing all day when Mr. Burgundy went to the store. The snow had stopped falling, and the parking lot had ice and snow. FastStop hired a contractor, Smart Plows, Inc., to plow the lot, but it had not finished doing so when Mr. Burgundy fell on ice and/or snow in the parking lot.
Please research and write a memo analyzing the likelihood that Mr. Burgundy will win a negligence lawsuit against FastStop for the injuries he sustained. In your memo, you must compare Mr. Burgundy's case to other Delaware slip-and-fall cases involving ice and/or snow and discuss the strengths and weaknesses of Mr. Burgundy's case. You must apply the rule of law that you find to Mr. Burgundy's case and analyze whether or not he will be able to meet the requirements of the rule. To do this, you must compare and contrast Mr. Burgundy's case with the other cases you find. The defendant, FastStop, argues that it did not breach its duty to Mr. Burgundy because the storm continued most of the day, and only an hour or two had passed since the storm stopped. Furthermore, FastStop's contractor was in the process of clearing the ice and snow when Mr. Burgundy fell. DO NOT analyze whether the snow removal contractor is liable - that is not your assignment!
- FACTS OF THE CASE
Please note that I have deliberately listed the facts in bullet format using fragments, incomplete sentences, and improper grammar. When you write your "Facts" section of the memo, you must pick the relevant facts and write them in a narrative format using correct grammar, punctuation, and writing mechanics.Your statement of the facts must be written in complete sentences and use standard grammatical and writing conventions. DO NOT bullet your facts, or you will receive a zero on that memo section!!!
Here are the facts (some are relevant, and some are not relevant):
- Client - Andrew R. Burgundy, age 48, d/o/b March 10, 1975
- Opposing party - FastStop Market, Inc.
- Snow removal contractor (not a defendant) - Smart Plows, Inc.
- The client works at J.T. Dougherty & Sons, LLC as a senior accountant; he earns $115,000 per year; his employer is in Smyrna, DE.
- Client's address: 12 N. Poplar Street, Dover, DE
- The client is divorced; his ex-wife is Marcia R. Greene; the client has two children, Sonya Burgundy, age 19, and Andrew Burgundy, age 21; the client was married for 15 years.
- The client has been in good health all his life; he exercises almost daily.
- The client was going to buy a fried chicken dinner and some other groceries.
- On December 15, 2022, the client was coming home from work when he stopped at FastStop to buy a few items to make dinner that night; the store is at 919 N. Du Pont Highway, Dover, DE 19901
- It had been snowing all day on and off, and about four inches of snow had accumulated; the snow started at approximately 10:00 a.m. in the morning and stopped at approximately 3:30 - 4:00 p.m.
- FastStop uses a contractor, Smart Plows, Inc., to remove snow and ice from all of its stores in Delaware; Smart Plows was plowing that day.
- Smart Plows started plowing that lot about 15 minutes before Mr. Burgundy fell.
- It was approximately 5:00 p.m. when the client entered the store's parking lot.
- As the client was walking from his car to the store entrance, he slipped on ice and/or snow that had accumulated in the store's parking lot.
- This is the client's main store for grocery shopping; he has been there approximately 1-2 times per week for the past five years.
- The client wore jeans, a sweater, a coat, and snow boots on the date in question.
- As the client started to fall, he put his left arm out to break his fall and immediately felt a painful jolt up his arm upon hitting the floor.
- The client was in a lot of pain in his left arm, lower back, and all over
- An ambulance came and transported the client to Bayhealth Hospital
- The client was treated, cast, and released later that night
- He suffered a broken arm and back injuries; he missed two weeks of work
- He saw his family doctor (two times) and an orthopedic doctor (three times); he was in a cast for six weeks; however, the injury still bothered him and limited his range of motion when the cast was removed; he is still undergoing physical therapy
- Family doctor - Patricia Bass, M.D.
- Orthopedic doctorArthur C. Roe, M.D.
- REQUIREMENTS FOR LEGAL SOURCES (CASES)
- REQUIREMENTS FOR CITATIONS
- You must discuss 4-5 Delaware cases. All cases must be opinions from the Delaware Supreme Court.
- At least one case must be reported by the Delaware Supreme Court.
- Your other cases may be table cases from the Delaware Supreme Court. DO NOT use Delaware Superior Court cases or cases from any other court.
- Your cases must be no more than 35 years old.
- Your cases must have analogous factual situations involving a business patron (or employee) who slipped or fell on snow or ice. Do not use cases involving slips on water, food, or other substances. The cases should involve situations where the patron slipped during or after the storm.
- All citations to the cases must be in the correct Bluebook (Indigo Book) format, including citations to table cases. You should cite table cases as if they are reported but follow the green star paging on Westlaw for the pinpoint citation. However, you must add an additional parenthesis with the words "table case" after the full citation. This is how to cite to a tablet case:
Gold v. Silver, 34 P.2d 45, 3 (Cal. 2000) (table case)
- You must include pinpoint citations in your memo. Use the green star paging from the electronic version of the case for your pinpoint citations.
- After you have provided the full citation to a case, you must use the short form of the citation. Use the first party's name, the reporter volume and abbreviation, and the pinpoint citation. DO NOT use Id. in your memo Citation. The following is an example of how to write a short-form abbreviation for a case after you have provided the full citation.
Gold, 34 P.2d at 5.
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