Question: A potential client ('Joe ) has come to you and presented a set of facts . Draft a client Evaluation letter for Joe Summarizing the





A potential client ('Joe ) has come to you and presented a set of facts . Draft a client "Evaluation letter" for Joe Summarizing the relevant facts and opinion of his case including each required component of a client correspondence and making sure employing proper formatting.
JOE v. AUTO WORKS
On July 14, 2005, Joe, age 64, a semi -retired bartender, entered Auto works to shop for some auto parts for his 1969 Studebaker. He had been in the had been in the store about 10-12 minutes when he located the set of spark plugs he wanted. Joe proceeded to the checkout stand to pay for the items. He does not recall how long he stood in the line to pay the cashier. He paid for the items, turned to go out of the store, and tripped over a small plastics, wastebasket which Joe states was in the aisle. He did not see the wastebasket at any time prior to the falling.
Joe suffered injuries in his neck, his shoulders. his left arm, his left hand. his lower back, and his left knee. He was treated primarily by a chiropractor who charged him a total of $ 3,843.80. He also went to an Orthopedic surgeon for an evaluation and had an MRI taken which showed a small bulge in the L8-L9 vertebras. The surgeon charged him $3,156.20 for this service. Joe continues to complain of pain in his neck, his left arm, lower back. and his left knee.
Factual Synopsis:
On July 14, 2005, Joe, age 64, a semi-retired bartender, entered Auto works to shop for some auto parts for his 1969 Studebaker. He had been in the had been in the store about 10-12 minutes when he located the set of spark plugs he wanted. Joe proceeded to the checkout stand to pay for the items. He does not recall how long he stood in the line to pay the cashier. He does not recall how long he stood in the line to pay the cashier. He paid for the items, turned to go out of the store, and tripped over a small plastics, wastebasket which Joe states was in the aisle. He did not see the wastebasket at any time prior to the falling.
Joe suffered injuries in his neck, his shoulders. his left arm, his left hand. his lower back, and his left knee. He was treated primarily by a chiropractor who charged him a total of $ 3,843.80. He also went to an Orthopedic surgeon for an evaluation and had an MRI taken which showed a small bulge in the L8-L9 vertebras. The surgeon charged him $3,156.20 for this service. Joe continues to complain of pain in his neck, his left arm, lower back. and his left knee.
Applicable Law:
Joes' cause of action against Auto works is for negligence. To establish a claim for negligence, there must be 1)a duty 2)breach of that duty 3) Causation and 4) damages. here the shopkeeper has a duty to keep his store safe for customers. The shopkeeper breached that duty to by leaving a wastebasket in the aisle. As a result of that breach of duty, Joe tripped and fell. Lastly, Joe suffered damages. Therefore, all of the elements of negligence are present in this case.
Joe can successfully maintain that the shopkeeper has a duty to his customers to provide a safe harbor for shopping. by placing the wastebasket in the aisle, the shopkeepers conduct fell below the standard of care for shopkeepers. Furthermore, the injuries suffered by Joe were directly and proximately caused by the negligence of the shopkeeper.
It could be argued by Auto works that Joe was treated excessively and that, as a result, the medical expenses did not all result from the accident. However, Joe sought treatment from a Chiropractor and reasonably relied upon the chiropractor's medical opinions. He felt some marginal benefit from the treatments and continued until released by that Chiropractor. Because he continued to haver pain, he sought the opinion pf another expert, an orthopedic surgeon. This. again, seems to be reasonable act.
we therefore conclude that Joe has a viable cause of action against Auto works for Negligence and recommend that joe seeks damages to include his medical bill costs in the sum of $ 7,500 and an additional amount of $15,000 for pain and suffering.





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