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1.7 - Case Study

1.7 - Case Study

Q Briefing a Case To analyze a case successfully, one must identify the issue as well as the rule of law that applies to that issue. Refer to the IRAC videos in 1.2 - Readings and Videos. Select the Application section to continue . . . (I) Abe Chevy, a resident of South Florida, drove onto I-95, heading North to visit his mother in Atlanta. After crossing over to I75N heading toward Atlanta around 7:45 PM, he passed a sign that read, "Macon 25 miles" and realized he had been driving seven hours. At that very instant, he started to think about breakfast for some reason and thought, "maybe I am getting a little tired." Dismissing the thought, he looked down the road and was happy to see that traffic was very light. Unexpectedly, looking up, he saw a blinding bright light shining in his rearview mirror. Before he could react, a fourteen wheeler slammed into the back of his Lincoln SUV, causing property damage and personal injuries. The driver of the truck worked for a company registered in Georgia at 1010 Trucking Lane, Atlanta, GA. Abe was placed in an ambulance and taken to the hospital, sustaining what looked like a life-threatening injury. He underwent five hours of surgery to remove his spleen. He also suffered a broken arm and leg and dislocated his C1 C2 vertebra. The bill for Abe's injuries amounted to more than $350,000, and property damage was an additional $80,000. After spending two weeks in the hospital, Abe returned to his house at Zero landlock, Boca Raton, Florida. Abe consulted his attorney to determine what he should do. Abe told his attorney that he wants to file a lawsuit against the Georgia State Trucking Company, the driver Speedy Gonesailing, and owner, Gotdem Bigbucks, in the Florida District Court rather than in the District court in Georgia. Abe's attorney Dowe Cheathim stated that he would first have to gather some information and research the law to see if that was possible. Dowe asked Abe to provide the following details to preserve evidence for trial and preparation of making a legal claim, or insurance demand: • Accident reports • Witness statements • On-scene photographs • Medical Evidence • Insurance Policy Information • Treatment Records • Billing Statements • Lost Wages Summaries Dowe Cheathim calls his junior partner, Ann Howmuch, to his office. Dowe asks her to analyze the following issues in the case: 1. Does this accident belong in court? If so, why? 2. Does it belong in a non-judicial forum? If so, which one? If not, why not? 3. From a jurisdictional perspective, what court is best suited to hear the case? 4. The Florida District or Georgia District Court? Can his suit be heard in Florida, if so, why? If not, indicate the legal grounds why it cannot? 5. How does the court obtain the power to hear a case? 6. What are the standards for review? Case I: Use the IRAC Format answer the following issues: (1) Analyze the Case Study facts using the IRAC format. (2) Respond to all questions in the Case Study. (3) Include in your evaluation the application of the following Legal Concepts to the case studies: (a) Justiciability; (b) Comity; (c) Competence; (d) Jurisdiction; (e) Venue; (f) Amount in Controversy; (g) Discovery, as well as any other statue, regulations applicable. (3) Determine the basis (i.e., torts, negligence) of the lawsuit. (4) What are the Standards for filing a lawsuit? Select the Case Study 2 section to continue . . . (II) Plaintiff Jane moved from Big City to the southern suburbs. She purchased a house on five acres of land. She realized that she had to get used to country living. She missed all of Big City's everyday conveniences. However, she vowed never to leave her new home and enjoyed the tremendous tranquility of the burbs. She was especially looking forward to using her well-water system of what she thought was the biggest plus, fresh groundwater. Before she moved in, she installed a top of the line filtration system in her new house. Installation of the new well in her mind was extra insurance because a little more than a mile from her home, there was a landfill operated by Big City. One day while preparing to make a pitcher of fresh lemonade, she noticed something floating in the water. Thinking it was something that fell into the pitcher, she poured the water out and refilled it with fresh water. Carefully examining the pitcher, she noticed that there were a lot more particles floating in the pitcher. Thinking, maybe the particles were as a result of her new filtration system, she called the installation company to test the system. The company indicated that it checked the system and it was working correctly. The company stated that she was not the only customer to have this complaint in the last month or so. The water filter company indicated that they believed contaminants were leaching from the landfill into the freshwater aquifer. With the water filter company's report in hand, Jane drove to Big City to discuss the situation with her lawyer. She contends she should be able to sue under the Federal environmental laws regarding groundwater contamination. Case II: Using the IRAC Format answer the following issues: 1. What is the initial requirement she must meet to file a lawsuit? 2. What statute(s) apply to this situation? 3. Who is responsible for enforcement of the regulations controlling the issues in this case? 4. Who has a right to file a complaint against the landfill? 5. Does she have any rights against Big City? 6. Who should she sue, and why? 7. The filter company? 8. The enforcers of the statute? 9. Can she collect damages? 10. From whom? 11. Under what legal theories? 12. Is the filter company's report creditable evidence that the landfill is at fault? 13. What could the landfill do to prove the discharge is not their fault? 14. What is the standard measurement for clean water? 15. If Big City legally shows that the particles are a nuisance but do not violate the law, would that establish a defense to Jane's lawsuit? 16. Under what legal theory? Save your documents using a naming convention that includes your first and last name and the activity number (1.7). Do not add punctuation or special characters. Submit your assignment.

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Facts: Abe Chevy, who is a resident of South Florida, was involved in a car accident where his vehicle ended with a fourteen-wheeler rear, causing property damage and personal injury. Abe would like to bring a case against the Georgia State Trucking Firm, Speedy Gonesailing, the driver, and Gotdem Bigbucks, the owner of the company. Injuries to Abe amounted to over $350,000 and the damage to property was $80,000. Abe would like to file a case in the Federal Court of Florida rather than in Georgia's District Court. The following are the issues for this case: 1. Does this accident belong in court? If so, why? 2. Does it belong in a non-judicial forum? If so, which one? If not, why not? 3. From a jurisdictional perspective, what court is best suited to hear the case?