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Darngood v. Landers and PUDS, Faculty Materials

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Case File :Softbound, 100 pgs.
ISBN: 9781601560971
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$38.00
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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

Issues Raised

The Parties

Party and Witness Affidavits

Exhibits and Documents

Map of West Hampton, Red Oak, and Surrounding Suburbs


The Facts

Detailed Timeline of Significant Dates

Letter from Marty Allen to Jillian Baines with Attached Employment Agreement

Letter of Resignation from Jillian Baines to Marty Allen

Letter from Marty Allen to Jillian Baines

Letter from Dr. Pierce Marshall to Marty Allen

Letter from Marty Allen to Jillian Baines

Letter from Jillian Baines to Marty Allen


Pleadings

Summons

Complaint

Plaintiff's Exhibit A--Employment Agreement

Answer


Temporary Restraining Order Materials

Notice of Motion and Motion for Temporary Restraining Order

Proposed Findings of Fact, Conclusions of Law, and Temporary Restraining Order

Plaintiff's Memorandum of Law in Support of Motion for Temporary Restraining Order

Defendant's Memorandum of Law in Opposition to Plaintiff's Motion for Temporary Restraining Order


Affidavits

Marty Allen with Attachment (Financial Statement)

Affidavit of Jillian Baines with Attachment (Letter from Scott Westerberg)


Appendices


Appendix A: Directions


Appendix B: Memo to Senior Partner--Preliminary Legal and Strategic Analysis--for Employer

Appendix C: Memo to Senior Partner--Preliminary Legal and Strategic Analysis--for Employee


Appendix D: Summary of Cases Cited


Learning Materials


Planning Guide and Checklist

General

Negotiation

Mediation

Discovery

Motions/Oral Argument

Trial (Court/Jury)


Learning Objectives


Trial (Court/Jury)

Depositions

Negotiation

Mediation

Motions/Oral Argument

Expert Witnesses