Civil Litigation - Eighty Edition

Chapter 5

Your law firm has agreed to represent Julia Wedgewood in a personal injury (negligence) lawsuit against Doug Cagely. You are to prepare an Original Petition on behalf of Julia Wedgewood, to be filed in Texas state district court. Remember, you need only plead sufficient facts to put the Defendant (Doug Cagely) on notice of the nature of the claim against him (notice pleading) and relevant causes of action (negligence) and seeking all applicable damages to which Julia may be entitled.

This is not a Federal Court case so please do not use Federal Court forms. Do not use pre-printed petition forms from the JP court or Small Claims Court which are for use by Pro Se Plaintiffs (Plaintiffs representing themselves in a lawsuit). You may use my Instructor Forms (highlighted in yellow) or West's or ProDoc so long as your form complies with the Texas Rules of Civil Procedure for a Texas state district court matter. You may create addresses for purposes of jurisdiction and service. You may allege any damages which are reasonably related to the facts provided.

Please make your submission as early as possible in the week so that I may review what you have submitted, and provide comment and make suggestions to correct your submission. You may then re-submit your corrected assignment for additional credit. All re-submissions must be filed timely (before 6pm on the date of class). You may e mail me so that I will know when you have made your submission or re-submission.)

It is never recommended that you wait until the day of class to start preparing your submission. First, you may encounter computer issues or internet issues which will prevent you from timely submitting your work. Late work cannot be accepted. Second, if you wait until the day of class I may not have time to grade your submission and for you to have time to make corrections identified in a timely manner.

Fact Pattern for Chapter 5 Assignment:

Julia Wedgewood was driving her BMW westerly on Main street as she approached the intersection of Main and Post Streets. The intersection is controlled by four-way stop signs. There were no vehicles in front of Julia as she approached her stop sign. She began slowing for the stop sign and came to a near stop then proceeded into the intersection. Approaching from her right on Post street was Doug Cagelya driving a Volvo. He reached this same intersection at nearly the same time as Julia. Believing Julia was going to make a complete stop he also proceeded into the intersection of Main and Post. The vehicles impacted in the middle of the intersection.

After impact both drivers exited their respective vehicles and each accused the other of being at fault. Julia sustained severe injuries to both her back and neck. She was taken by ambulance to the local hospital where she was treated for her injuries. Doug received injuries to his neck and received facial lacerations from impact with the steering wheel. Julia has hired a personal injury attorney to file a negligence suit against Doug Cagely.