Sue Dutton was driving in Oakwood trying to find her way to a yard sale, when she got hopelessly lost amid Oakwood’s one-way streets and narrow alleyways. She admits that she negligently turned down a narrow one-way street and collided with Jim Ansel’s car as he was driving down the one-way street in the correct direction. Ansel suffered neck and back injuries, and his car’s trunk was crumpled and no longer operable. Ansel’s daughter, Hannah, age 4, was in a car seat in the back seat, and seemed to suffer no injuries.
Ansel’s injuries required medical treatment and physical therapy, causing him to miss three weeks of work at the Honda plant where he worked on the assembly line. His medical bills were paid by his medical insurance. He had accrued enough sick leave with Honda such that he did not lose any wages for the three weeks he was able to work. At the end of the three weeks, he was fully recovered from the injuries he suffered from the collision.
Hannah seemed fine for the first month after the collision. She attended preschool and then stayed nights with her grandmother while Ansel recovered. Ansel had never married Hannah’s mother who died of a drug overdose shortly after Hannah’s birth. Therefore, Grandma Barbara cared for Hannah when Hannah was not at preschool and Ansel was at work. Hannah had been late in developing her basic motor skills because of sensory integration syndrome, and the time she spent with Grandma had helped her with this problem. A month after the collision, Hannah collapsed on the playground, dead from undetected internal injuries she suffered because of the collision.
The force of the collision also caused Dutton’s car to jump the curb on to Julie Bauer’s property. The car smashed through a set of three ornamental garden gnomes displayed in her front yard and on into her garage. Inside the garage were the items that Julie Bauer had placed there for her yard sale that day. These items included used dish and kitchen ware, used clothing and used children’s toys. In addition, Bauer had stored in the back of the garage the intricately crafted quilts that she was going to take for sale in New York City galleries later in the summer. Based on her previous gallery sales, these quilts would have probably sold for a total of $10,000. The car had entered the garage and smashed the table and items sitting on it and then plowed into the pile of quilts. The quilts were imprinted with the car’s tire tracks, and car oil had also dripped onto them.
Sue Dutton has come to us because she has been informed that both Ansel and Bauer intend to file claims against her. Help me to prepare for what we can expect to see in the complaints and answers.
[1] What claim[s] and remedies will Ansel seek against Dutton for himself and/or Hannah? Does Dutton have any defenses to the claims or arguments against the remedies or the measure of the remedies?
[2] What claims[s] and remedies will Bauer seek against Dutton? Does Dutton have any defenses to the claims or arguments against the remedies or the measure of the remedies?
Thursday, April 22, 2010
Tuesday, April 20, 2010
Hi All...
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