Darngood v. Landers and PUDS, Defendants Materials

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Case File :Softbound, 100 pgs.
ISBN: 9781601561831
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This lawsuit arises out of a traffic accident that occurred on December 23, Year -2, in the pedestrian crosswalk at the intersection of Seventh Street and Smith Avenue in Nita City, Nita. The plaintiff, Helen Darngood, was struck by a Picket Up Delivery Services van driven by the defendant, Mel Landers. A negligence action has been brought by Helen Darngood against Mel Landers and Picket Up Delivery Services. Darngood's husband, children, and former company are not parties to this lawsuit.

All parties agree that Mel Landers was acting in the scope of Landers's duties while working for Picket Up Delivery Services at the time of the accident. Darngood alleges that Landers was negligent as the driver of the Picket Up Delivery Services van and that Landers did not drive as an ordinary, careful, and prudent person would drive under the circumstances. Darngood alleges that Landers drove the Picket Up Delivery Services van negligently into a crosswalk, striking Darngood and causing her severe injuries. Landers and Picket Up Delivery Services deny negligence. They claim that the vehicle driven by Landers entered the intersection on a yellow light, that the vehicle proceeded through the intersection as permitted by law, and that Darngood was 100 percent contributorily negligent in that she crossed negligently in front of the van. Thus, Landers as the driver of the delivery vehicle is not liable for negligence nor is Picket Up Delivery Services liable under the doctrine of respondeat superior. Darngood, at the time of the accident, was the President and CEO of Darngood Electronics, earning an annual salary of $200,000. At the time of this lawsuit Darngood cannot work and has resigned from the company. Darngood does not remember the accident or the time immediately following while she was in rehabilitation.

Authors / Contributors

Table of Contents

CONTENTS


Directions for Determining Dates, Ages, and Applicable Law


Procedural and Factual History

Introduction

Background

Description of the Scene

Police Accident Report

Diagrams

Supplementary Report and Alcohol Influence Report

Toxicologist Report

Medical Report

Traffic and Walk Signals

PUDS Delivery Van Specifications

Speed Calculation

Issues Raised

Witnesses

Expert Witnesses

Plaintiff

Defendants

Police Officer

Expert Medical Witness

Expert Toxicologist Witness

Party and Witness Depositions and/or Statements

Exhibits and Documents


The Facts

Detailed Timeline of Significant Dates

Memo from Juliette Nelson-Picket to PUDS Employees

Attached Collective Bargaining Agreement

Memo from Juliette Nelson-Picket to PUDS Employees

Attached Picket Up Delivery Services--Special Rule

Traffic Violation Policy: B(1)

Memo from Homer Picket to Employee (Landers) File

Letter of Reprimand from Juliette Nelson-Picket to Mel Landers

Metropolitan News [Christmas Traffic Accident Takes Its Toll!]

Metropolitan News [Three Companies Announce Major Initiatives]

Police Report--Officer R.J. Moore (and Attachments)

PUDS Van Specifications

Picture of Mussel Pot

Photograph of Stop and Walk Signals

Speed Calculation

Photographs of PUDS Uniform Shirt (Front and Back)

Photograph of Downtown Nita City

Accident Diagram with PUDS Van

Accident Diagram without PUDS Van

Supplementary Traffic Report

Alcohol Influence Report

Intoxilyzer Test Record

Alcohol Impairment Charts

Helen Darngood's Resignation Letter


Pleadings--Summons, Complaint, and Answer--Trial (Court/Jury)


Statements /Depositions

For the Plaintiff:

Deposition of Helen Darngood

Deposition of Cooper Earle

Deposition of George Carpenter

Deposition of Margaret Hanson

For the Defendants:

Deposition of Mel Landers

Deposition of Homer Picket

Deposition of Perry Reinhart


Expert Medical Report

Expert Medical Report, C.R. Strickland, MD


Appendices


Appendix A: Directions

Representation of Multiple Clients

Burden of Proof

Court or Jury Trial

Order of Presentation and Rules of Evidence

Court or Jury Trial

Suggested Time Schedules

Court Trial

Jury Trial

Expert Witnesses

Negotiation and Mediation


Appendix B: Nita Applicable Law


Appendix C: Manual for the Wheeled Vehicle Driver--Departments of Army and Air Force


Appendix D: Joint Statement of Case


Appendix E: Memo to Senior Partner--Preliminary Legal and Strategic Analysis--for Plaintiff


Appendix F: Memo to Senior Partner--Preliminary Legal and Strategic Analysis--for Defendants


Appendix G: Summary of Cases Cited


Appendix H: Jury Instructions and Special Verdict Form


Exhibit List [Exhibits located on CD]


Exhibit 1: Collective Bargaining Agreement between Picket Up Delivery Services and IATW

(Witnesses: Mel Landers, Perry Reinhart, Homer Picket)


Exhibit 2: Picket Up Delivery Services Special Rule--Traffic Violation Policy: B(1)

(Witnesses: Mel Landers, Perry Reinhart, Homer Picket)


Exhibit 3: Memo from Homer Picket to Employee (Landers) File

(Witnesses: Homer Picket and Mel Landers)


Exhibit 4: Letter of Reprimand from Juliette Nelson-Picket to Mel Landers

(Witnesses: Mel Landers, Perry Reinhart)


Exhibit 5: PUDS Van Specifications

(By Stipulation--All Parties)


Exhibit 6: Picture of Mussel Pot

(Witness: Cooper Earle)


Exhibit 7: Photograph of Stop and Walk Signals

(Witnesses: Helen Darngood, Cooper Earle, Mel Landers)


Exhibit 8: Speed Calculation

(By Stipulation--All Parties)


Exhibit 9: Photographs of PUDS Uniform Shirt (Front and Back)

(Witnesses: Cooper Earle, Mel Landers, Perry Reinhart)


Exhibit 10: Photograph of Downtown Nita City--Looking North on Seventh Street from Grand Avenue

(Witnesses: Helen Darngood, Cooper Earle, Mel Landers)


Exhibit 11: Accident Diagram With Picket Up Delivery Services Van

(Witnesses: Mel Landers, Helen Darngood, Cooper Earle)


Exhibit 12: Accident Diagram Without Picket Up Delivery Services Van

(Witnesses: Mel Landers, Helen Darngood, Cooper Earle)


Exhibit 13: Alcohol Influence Report

(By Stipulation--All Parties)


Exhibit 14: Intoxilyzer Test Record

(By Stipulation--All Parties)


Exhibit 15: Alcohol Impairment Charts

(By Stipulation--All Parties)


Exhibit 16: Helen Darngood's Resignation Letter

(Witness: Helen Darngood)


Exhibit 17: Expert Medical Report, C.R. Strickland, MD

(By Stipulation--All Parties)


Exhibit 18: Manual for The Wheeled Vehicle Driver--Departments of Army and Air Force (Appendix C)

(By Stipulation--All Parties)


Learning Materials


Planning Guide and Checklist

Section 1. General

Section 2. Negotiation

Section 3. Mediation

Section 4. Discovery

Section 5. Motions/Oral Argument

Section 6. Trial (Court/Jury)


Learning Objectives


Trial (Court/Jury)--Arbitration

Depositions

Negotiation

Mediation

Motions/Oral Argument

Expert Witnesses