As I anticipated in the Syllabus, each student will be responsible for drafting a simple pleading or discovery request. This practical project will account for 10% of your testing score and will be graded on a pass/fail basis. You will work in small work-groups designated in the chart attached hereto. Each member of the work-group will be responsible for one document only, as indicated in the attached chart, and shall be graded accordingly. However, group members must coordinate with each other to produce the pertinent documents. The answer produced by the group member designated to write that document, must be an answer to the complaint drafted by the group member assigned to write the complaint; the counterclaim and request for admissions must be tailored to that complaint as well.
All the documents will be due on or before 5:00 pm, Friday, March 28, 1997. You may turn them in to me after class or in my office any day prior to the deadline, or you may turn them in to my secretary, Ms. Pamela Smith in the secretarial pool office.
On Saturday, January 18, 1997, at approximately 2:10 am, Mr. Daffy Duck, a citizen of Georgia, was driving his Harley Davidson motorcycle traveling South on NW 34th Street in Gainesville, Florida. At approximately the same time, Mr. Mickey Mouse, a citizen of Florida, was driving North on NW 34th Street in his Acura NSX. While he was crossing the intersection of 34th Street and NW 16th Avenue, Mr. Duck's motorcycle collided with Mouse's car. The collision occurred while Mr. Duck was attempting to cross the intersection and Mr. Mouse was attempting to make a left turn onto 23rd Blvd. (West of 34th Street, 16th Avenue becomes 23rd Blvd.).
As a result of the accident, Mr. Duck's motorcycle, which cost $26,000.00, was a total loss. Mr. Duck suffered serious bodily injuries which required his hospitalization. Immediately following the collision, he was unconscious and in critical condition. His injuries were life-threatening, but he is now expected to live. He remains in the hospital to this day. His medical bills so far amount to $135,332.15. It is estimated that future costs for medical treatment will exceed one million dollars. Mr. Duck was employed as a auto mechanic in Georgia. He is single, has never been married, and has not children. Mr. Duck's injuries are so severe that he will never be able to work as an auto mechanic in the future.
You are a lawyer. Mr. Duck has asked you to represent him. He has informed you of the above facts and has asked you to draft a complaint to be filed in the U.S. District court for the Northern District of Florida. He has told you that the light was green for his direction of travel.
While conducting your own investigation of the case, you obtain a copy of a one page police report. The police report, dated January 18, 1997, is attached hereto. You also go the intersection and observe that the traffic light goes to green for those traveling South on 34th Street, the green turn arrow for those waiting to turn left onto NW 16th goes to green at the same time, the North-bound lane has a red light; after 120 seconds, the red light goes on for all South-bound traffic on 34th, simultaneously, the green light turns on for North-bound traffic and the left-turn signal turns green for cars making a left turn from 34th onto 23rd. Blvd.
The police charged Mr. Mouse with failing to stop at a red light, and failure to yield the right of way, causing an accident resulting in serious bodily injury. A judge acquitted him of those charges. Assume that the result of the criminal proceedings has no evidentiary or preclusive effect in the civil action.
You believe Mr. Duck's version of events and agree to represent him. Draft the complaint.
Mr. Mouse comes to you after being served with a copy of the complaint and asks you to represent him and file an answer and counterclaim against Mr. Duck.
Mr. Mouse was traveling North on 34th and was attempting to make a left turn onto NW 23rd Blvd. He says that he had the left turn signal in his favor, and that the light was also green for traffic continuing North on 34th street.
You conduct your own investigation and find the copy of the police report discussed above and a copy of the judgment dismissing the criminal charges against Mr. Duck. You also go the scene of the accident and observe the way the traffic light operates.
You believe Mr. Mouse and agree to undertake his representation. Draft the answer to the complaint.
You also represent Mr. Mouse, you have been asked by your co-counsel to prepare a counterclaim against Mr. Duck. In addition to the facts relevant to the answer, you are aware of the following facts: Mr. Mouse's car, which cost him $104,000.00, was a total loss. He suffered many serious bodily injuries, and remained in the hospital for six weeks following the accident. He will not be able to work again for at least six months. His medical treatment has cost him $106,800.86 so far. His doctors anticipate that he will have to spend another $150,000.00 for treatment of his physical injuries. Mr. Mouse is married to Mrs. Minnie Mouse, they have three children, Eenie, Minnie and Myni. Mr. Mouse works as an entertainer and normally earns about $50,000.00 per month.
Draft a counterclaim against Mr. Duck. Although counterclaims are usually included with the answer to the complaint, you should draft this as a separate document.
You are co-counsel for Mr. Mouse. Draft a Request for Admission from Mr. Mouse to Mr. Duck. It must contain no fewer than ten (10) requests.
Assume that in drafting your pleadings you must please a federal judge who thinks like judge Keeton (see, Cash Energy, Inc. v. Weiner, casebook page 157). Make both jurisdictional and venue allegations. (See 28 USC §§ 1332, 1391).
The laws of Florida make damages allegations in tort cases generally, and in automobile accidents specifically, somewhat difficult. Florida generally subscribes to the "Impact Rule," i.e., no claim for emotional trauma may be pursued unless it is related to physical injury. There are few exceptions to the general rule. For a good discussion of the matter, see R.J. and P.J., v. Humana Of Florida, Inc., 652 So. 2d 360 (1995). In automobile cases, the law is also quite strict. See Fla. Stat § 627.737. Take this into account when drafting your complaint.