Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

WRITING & LEGAL ANALYSIS QUESTION: Factual Situation No. 1 You are an attorney, and Ms. Smith has hired you to file a law suit involving

image text in transcribed
image text in transcribed
WRITING & LEGAL ANALYSIS QUESTION: Factual Situation No. 1 You are an attorney, and Ms. Smith has hired you to file a law suit involving a car accident she was in. The lawsuit would be against the other party in the accident, Mr. Jones. Ms. Smith has provided you with two documents. They are a police report, and a summary of her damages. The police report lists the following facts: Smith ran a red light and entered an intersection. Mr. Jones, in a second vehicle, had entered the intersection on a green light. Smith swerved to miss the car driven by Jones, went off the road, and rolled over several times. Smith's car was completely destroyed and Smith sustained substantial injuries. Jones was able to immediately stop, and neither his vehicle nor Jones sustained any damages or injuries. Nevertheless, the officer did conclude that Jones had been traveling at an unsafe and excessive rate of speed and this had a marginal contribution to the accident. His overall assessment was that Smith, your client, was responsible for 80% of the accident and Jones, the defendant, was responsible for 20%. Ms. Smith's summary of damages lists the following: Ms. Smith has sustained medical expenses in the amount of $70,000, pain and suffering damages in the amount of $20,000 and loss of her vehicle in the amount of $10,000. Therefore, total damages are in the amount $100,000. Assume the information provided in the police report and the summary of damages are accurate (including the officer's assessment of the percentage of fault for both Smith and Jones). Further assume that the case would be filed in California and based solely on California law. Assignment: Brief Li v. Yellow Cab (a copy of which is located in Canvas) Questions to answer: 1. Summarize the law in California that describes how damages in a negligence case are awarded if the plaintiff has contributed to the accident. Your answer to this question must contain a quote from the Li v. Yellow Cab case that provides the summary. Use the California Style Manual citation method to provide your citation. 2. Based on the summary above, indicate what Ms. Smith would, or would not recover in money damages from her law suit. In your answer point to specific facts that support your conclusion. 1

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

More Books

Students also viewed these Law questions

Question

Dont smell (i.e., too much perfume/cologne).

Answered: 1 week ago

Question

Mortality rate

Answered: 1 week ago

Question

Armed conflicts.

Answered: 1 week ago