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Ligation Facts Patterns

DRAFT A COMPLAINT (We are representing the Plaintiff, Ms. Lobrain)

LITIGATION FACT PATTERN

Lindsay Lobrain has come to your office seeking legal advice regarding an automobile accident that she was involved in six (6) months ago. The accident occurred in Broward County, Florida.

The facts, as she presented them, are as follows:
Ms. Lobrain was traveling along US 27 going north, at about 11pm on a clear night, with a new moon (which means there was no moon visible). That road has no street lights and has one lane of traffic in each direction, since it is a rural area. While she was traveling north and texting to her BFF about the crummy road conditions, out of nowhere there was a large black cow right in the middle of the road! Being a card carrying member of PETA and a vegan, Ms. Lobrain swerved to avoid hitting the cow causing her car to leave the road, cross over an embankment and end up in a ditch (without rolling over). Ms. Lobrain was taken from the accident scene by ambulance to the emergency room at the local hospital. After a physical examination (including x-rays, MRI, brain scan, blood tests and EKG) it was determined that the impact was so great that Ms. Lobrain sustained the following bodily injuries….a broken left wrist and three broken nails on that left
hand….and her car (a 2012 Porsche 911) had damages in excess of $17,500.00

Ms. Lobrain is a hand model, and as a direct result of the accident (i.e. wearing a cast on her wrist for three months and having to go to physical therapy for the last six months – three times a week) it resulted in her losing income in excess of $30,000.00

At this point, her medical costs for her broken wrist and physical therapy is in excess of $25,000.00; in addition Ms. Lobrain has developed Bovinophobia, which is an irrational fear of cattle and other domesticated ungulates. It has been determined that her phobia is due to a bad encounter with cattle, requiring weekly psychotherapy sessions, since Ms. Lobrain lives in an area surrounded by cattle farms. To date the cost of these sessions has been $4,800.00. It has not been determined her future medical and psychological needs based on the continuing nature of her injuries.

Ms Lobrain contact information is a follows: Currently resides at 3234 Spacey Avenue, Davie, Fl 33333;
Ms. Lobrain is a single woman, 26 years of age with no children. She lives alone and is self-supporting. It was determined at the interview that Ms. Lobrain’s car and medical insurance was cancelled thirty days before the accident due to non-payment of the premiums.

After the retainer agreement has been signed by Ms. Lobrain hiring our firm, an investigator was assigned to the case to see what additional facts and circumstances he can discover to aid in our lawsuit. He discovered that Ms Lobrain did call 911 from her cell phone and Officer Doright, from the Davie Police Department was dispatched to the scene. After speaking with Ms Lobrain, the Officer determined the following: that she had a valid driver’s license, was able to present an insurance card, had not been drinking and had been wearing her seat belt. Further, he could not locate the alleged cow or any witnesses and called for an ambulance. There was no traffic citation issued and no accident report filed.

After some further investigation, it seems the owner of the cow, Moo Bovine, lives on a 40 acre tract of land (10 Shady Lane, Davie, FL 33333) where he raises milk cows and has no employees. The property is totally fenced with three gates….all of which must be opened by human hands. Mr. Bovine stated that he checks the fence gates every night, to ensure that they are secure, between four and five in the evening. He had no visitors on the day of the accident and has no knowledge as to how the cow got out of his fenced property and on to US 27. He further stated that even though the cow was not physically harmed, as a result of the psychological damage the cow sustained by being frightened by the oncoming vehicle, the cow which usually produces five gallons of milk a day is now only producing one eight ounce glass of milk per day, causing Mr. Bovine to suffer financial loss. At this point, Mr. Bovine has not retained legal counsel.

Florida Statutes Chapter 588 seems to govern this matter and after reviewing the facts and Florida law it appears that Ms. Lobrain has a potential basis for filing a lawsuit against Mr. Bovine for Negligence and Emotional Distress, requesting damages for physical injury, medical expenses, loss of income, attorneys fees and costs of this action.

NOTE: YOU HAVE NOW GONE TO THE CLERK’S OFFICE AND YOUR CASE NUMBER IS 13-091281(40)

This lawsuit is to be filed in Nova County, Florida (NOTE: In our world Nova and Broward Counties are interchangeable). The courthouse address is 201 SE 6th Street, Ft. Lauderdale, Florida 33301. The judge’s chamber is room 1020. You must list yourself as attorney.

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Category: Sample Questions