Your supervising attorney has given you the file of a new client who was recently named as a defendant in a lawsuit for personal injury damages. You learn that the client, Linda Granger, owns a flower shop and had employed Wesley Linstrom to make deliveries. Deliveries were made in a van owned by Granger. According to your client, last year Linstrom was involved in an automobile accident that is the subject of this lawsuit. The morning of the accident, Linstrom took the van without Granger's knowledge and drove several hundred miles to visit his girlfriend. In the past, your client had allowed Linstrom to use the van for some personal errands. However, these always involved very short distances, and he always asked ahead of time. The client also stated that Linstrom told her that the accident happened when the driver of the other vehicle stopped suddenly for no reason and he, Linstrom, was unable to stop because the brakes on the van failed. The file indicates that your client was served with a copy of the summons and complaint 15 days ago. Your attorney has requested that, after reviewing the file, you prepare responsive pleadings for review.

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7:14 X complaint PDF - 198 KB UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA GORDON SHEFFIELD and AMY Civil No. 12345 SHEFFIELD, COMPLAINT FOR Plaintiffs, NEGLIGENCE WESLEY LINSTROM and LINDA GRANGER, Defendants. Plaintiff GORDON SHEFFIELD alleges: JURISDICTION 1. Plaintiff is, and was at all times herein mentioned, domiciled in and a citizen of the state of California. Defendants and each of them are, and were at all times herein mentioned, domiciled in and a citizen of the state of Oregon. This is a civil action involving, exclusive of interest and costs, a sum in excess of $75,000. Every issue of law and fact in this action is wholly between citizens of different states. FIRST COUNT 2. At all times herein mentioned, plaintiff was and now is a resident of the judicial district in which this action is filed. 3 At all times herein mentioned, defendant, LINDA GRANGER, was the owner of a certain motor vehicle, Oregon license number 123 XYZ. 4. At all times herein mentioned, defendant, WESLEY LINSTROM, was operating said motor vehicle with the permission and consent of defendant, LINDA GRANGER. 5. At all times herein mentioned, defendant, WESLEY LINSTROM, was the agent, employee, and servant of defendant, LINDA GRANGER, and at all times was acting within the course and scope of said agency and employment. 6. On May 1, on a public highway called Market Street in San Francisco, California, defendant, WESLEY LINSTROM, negligently and carelessly drove the above-mentioned motor vehicle, Oregon license 123 XYZ, causing it to collide with another vehicle driven by plaintiff, who was also traveling on said highway. 7. As a result plaintiff was severely injured, having had his leg and arm broken and having suffered other bruises, contusions, and muscle strain. Also as a result plaintiff was prevented from transacting his business, suffered and continues to suffer great pain of body and mind, and incurred expenses for medical attention and hospitalization in the sum of ten thousand dollars ($10,000.00) and will continue to incur such expenses in an amount yet undetermined. SECOND COUNT Plaintiff, AMY SHEFFIELD, alleges against defendants and each of them as follows: 8. Plaintiff realleges and incorporates by reference the allegations of paragraphs 1 through 5 above in their entirety. 9. On May 1,. _ plaintiff was a passenger in a vehicle being driven by co-plaintiff, GORDON SHEFFIELD, on a public highway called Market Street in San Francisco, California. At said time and place, defendant, WESLEY LINSTROM, negligently and carelessly drove a motor vehicle, Oregon license 123 XYZ, causing it to collide with the vehicle in which plaintiff, AMY SHEFFIELD, was a passenger. 10. As a result plaintiff was severely injured, having had her back broken and having suffered other bruises, contusions, and muscle strain. Also as a result plaintiff was prevented from transacting her business, suffered and continues to suffer great pain of body and mind, and incurred expenses for medical attention and hospitalization in the sum of fifteen thousand dollars ($15,000.00) and will continue to incur such expenses in an amount yet undetermined. Wherefore plaintiff, GORDON SHEFFIELD, demands judgment against defendants and each of them in the sum of $100,000.00 and costs. Wherefore plaintiff, AMY SHEFFIELD, demands judgment against defendants and