Abe Chevy, a resident of South Florida, drove onto I-95, heading north to visit his mother in
Question:
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 truck driver 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 0 Landlock, Boca Raton, Florida. Abe consulted his attorney to determine what he should do. Abe told his attorney 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 Georgia District Court. 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
1)Write a short and plain statement of the claim. Do not make legal arguments. State as briefly as possible the facts showing that each plaintiff is entitled to the damages or other relief sought. State how each defendant was involved and what each defendant did that caused the plaintiff harm or violated the plaintiff's rights, including the dates and places of that involvement or conduct. If more than one claim is asserted, number each claim and write a short and plain statement of each claim in a separate paragraph. Attach additional pages if needed.
2)State briefly and precisely what damages or other relief the plaintiff asks the court to order. Do not make legal arguments. Include any basis for claiming that the wrongs alleged are continuing at the present time. Include the amounts of any actual damages claimed for the acts alleged and the basis for these amounts. Include any punitive or exemplary damages claimed, the amounts, and the reasons you claim you are entitled to actual or punitive money damages.
Smith and Roberson Business Law
ISBN: 978-0538473637
15th Edition
Authors: Richard A. Mann, Barry S. Roberts