Douglass Financial Services, Inc.

Read the case Commentary below and the Douglass Financial Services, Inc. case file below containing information and documents related to the case.

Assignment:Factual Summary Memorandum

Your supervising attorney asks you to review the file in the Douglass Financial Services case. After reviewing the known facts of this case, the police report and the witness statements, you are to come up with a legal Memorandum summarizing the facts relating to the Plaintiff's claim.Memo's provide attorneys with information and facts. Assume the atty knows less than you about the facts. Start with the basics: Describe the facts of the accident , who the parties are and other relevant information. Were there witnesses to any relevant event? (events include: Portman's alcohol consumption, alcohol provided to Portman, actions of either driver involved in the subsequent auto accident)Who are these witnesses? Identify them and include (objectively) what each witness stated. How do these witnesses affect liability ofyour client, Douglas Financial? Examine Portman's actions. Was he"forced" to attend company party? What was the actual alcohol level of Portman? How was this determined? What other information was identified in the Police Report?Identify what statements have been taken including any taken from Douglas. Might suggest investigation the catering company who was hired by Douglas to look into service of alcohol to an intoxicated person. That may be a defense to Douglas under the Dram Shop Act or maybe results in shared liability. These are the kind of areas to identify and investigate. Provide as much detail as possible.Be sure to note any facts that might indicate liability or defense on the part of your client, Defendant, Douglass Financial Services, Inc. Do not substitute your personal opinion -be objective. All of the above information is provide in the Appendix to your textbook. Your attorney also tells you that every Memorandum in the law firm always has a heading as follows:

MEMORANDUM

TO:

FROM:

DATE:

RE:

Case File 2: TheDouglass Financial, Inc., Case

The Parties and Their Attorneys

Introduction

Jessica Hewitt v. Douglass Financial Services, Inc., Creative Catering and Evan Portman

This action results from an automobile accident involving Jessica Hewitt and Evan Portman, as a result of which Ms. Hewitt suffered serious injuries. The accident occurred in an intersection controlled by traffic lights. The accident occurred when the front of the vehicle driven by Hewitt (a Ford) hit the passenger side of a vehicle driven by Portman (a Honda). Independent witnesses indicate that Hewitt entered the intersection just as the traffic light turned green and that Portman entered the intersection on a yellow or red light. Witnesses also indicate that both parties were traveling fast.

Police were called to the scene of the accident and when they spoke to Portman noted that he appeared to be intoxicated. A subsequent blood test confirmed that he was over the legal limit. Portman told police that he had just left work, and that there had been a social gathering for employees during which alcohol was provided by his employer. Ms. Hewitt has hired an attorney to pursue a claim for her damages against Mr. Portman, his employer Douglass Financial Services, and Creative Catering. You work for the law firm that represents Douglass Financial Services, Inc.

Selected Documents from the Defendant's File

Questioning by Gretchen Reilly, Esq.

Q.

Good morning, Mr. Douglass. I'm Gretchen Reilly, one of the attorneys with the Manning Law Group. I'd like to introduce, Natalie Ortiz, a senior paralegal with our firm. We will both be working on your case. I believe you spoke with Mr. Manning and you have retained this firm to represent your company.

As you know, Jessica Hewitt is making a claim against Douglass Financial, Inc. and its employee Evan Portman arising out of an accident at the end of last year. Mr. Portman is represented by attorneys in the firm of Peace, Solomon and Ng. It's my understanding that you received a letter from Ms. Hewitt's attorneys advising that she is making a claim. Is that right?

A.

Yes. I gave a copy of the letter to Mr. Manning. I really don't understand why they are making a claim against us. We had nothing to do with the accident.

Q.

We have quite a bit of investigation to do, Mr. Douglass, but in the meantime, she is making a claim and we cannot ignore it. It's really much too early to say what's going to happen. Could you clarify your relationship to Douglass Financial, Inc.?

A.

Sure. Douglass Financial is a corporation, but I am the sole owner. I am also the president of the company.

Q.

How long has the corporation been in existence?

A.

We incorporated about 6 years ago, on the advice of my accountant.

Q.

Did you have an attorney take care of the incorporation?

A.

Yes, but I don't remember who, right now.

Q.

How large is your company?

A.

We have about 20 employees.

Q.

Okay. What can you tell me about Evan Portman?

A.

Well, he's been working for us for a couple of years. Nice young man with a lot of potential.

Q.

Have you ever had any problems with him?

A.

No.

Q.

How well do you know him?

A.

As well as I know any of my employees.

Q.

Do you work with him on a daily basis?

A.

No. I don't work with many of the employees on a daily basis. I have two managers and they handle day-to-day operations. But we are a small company, and if there are any problems I usually hear about them.

Q.

Okay. Let's talk a little about the office party that preceded Mr. Portman's accident. According to the letter from Ms. Hewitt's attorneys, this accident happened on December 19 of last year. I am assuming that the office party was a Christmas party?

A.

Yes, although we call it a Holiday Celebration.

Q.

Tell me about the party.

A.

Because our business tends to slow down between Christmas and New Year, we generally close the office during that time. A few days before we close, we typically have an office party. This is held at our offices. I hire a caterer and provide food and drinks. This year we closed the office around 3 p.m. and everyone socialized with food and drinks.

Q.

Did you provide alcohol?

A.

We did have beer and wine, but no hard alcohol.

Q.

What was the name of the caterer?

A.

Creative Catering.

Q.

Did they provide the beer and wine?

A.

Yes.

Q.

And did they serve the alcohol?

A.

Yes.

Q.

Were you at the party?

A.

Of course.

Q.

How long did the party last?

A.

Everyone left by about 7 p.m.

Q.

How about Evan Portman?

A.

He left a little earlier than that.

Q.

Do you know what time?

A.

I'm not sure.

Q.

Did you observe Mr. Portman during the party?

A.

Well, some. I try to mingle with all the employees.

Q.

Did you notice if Mr. Portman was drinking beer or wine?

A.

No. I really wasn't paying attention.

Q.

Did you have the opportunity to observe Mr. Portman when he left?

A.

Yes. He wished me a Merry Christmas when he left.

Q.

How would you describe his state of sobriety?

A.

He looked fine to me.

Q.

Does Evan Portman have any close friends at work?

A.

I'm not sure.

Q.

Well, at the party, did he seem to be socializing with anyone in particular?

A.

I couldn't say.

Q.

Does he work closely with any specific individuals?

A.

Yes. He does work in a small group.

Q.

I will want to get their names and probably talk with them.

A.

That shouldn't be a problem.

Q.

Just a few more questions. Are employees required to come to the office party?

A.

Required?

Q.

Yes. You mentioned that the party starts around 3 p.m. I assume that's before the regular work day ends. Could an employee skip the party and just go home?

A.

That issue has never come up. They all come, although some do leave before 5.

Q.

I think that's all I have for now. I would like to get a copy of Evan Portman's employee personnel file from you. We will get a copy of the police report of the accident and after that we may need to meet again.

A.

Just let me know.

Complaint Form-Civil Liability For Selling or Furnishing Liquor 14C Am. Jur. PI. & Pr. Forms Intoxicating Liquors $ 136 American Jurisprudence October 2017 Update Pleading and Practice Forms Annotated Intoxicating Liquors VII. Civil Incidents and Liabilities B. Civil Liability for Selling or Furnishing Liquor $ 136. Complaint, petition, or declaration-Against sponsor of function where alcohol was served-Collision between car driven by intoxicated attendee and another car-For personal injuries [Caption, see $ 70] COMPLAINT Plaintiff, alleges: 1. Plaintiff now is, and at all times relevant to this action was, a resident of [state], residing at [address], [city], [county], [state] 2. Defendant, [name of intoxicated driver], now is, and at all times relevant to this action was, a resident of [county], [state], residing at [address] [city] [state] 3. Defendant, [name of liquor provider], now is, and at all times relevant to this action was, a corporation duly organized and existing under the laws of state], engaged in business as a restaurant, with its principal place of business located at [address], [city], _[county], [state]. 4. Defendant, [name of sponsor of event], now is, and at all times rele- vant to this action was, a corporation duly organized and existing under the laws of _[state], engaged in the business of [description of business], with its principal place of business located at [address of principal place of business], [city], [county], [state]. 5. Sometime prior to [date], defendant [liquor provider] was hired to provide facilities and a bar for a party which took place on [date], which party individual defendant attended. Defendant [liquor provider] pro- vided liquor which was offered for sale to those attending the party, a bartender who mixed and sold drinks to those attending the party, and parking facilities to enable those attending the party to park their cars. At all times relevant to this action, defend- ant [liquor provider] was in control of the premises where the party took place and where liquor was sold. 6. Sometime prior to [date], defendant [liquor provider] was hired by defendant _[sponsor of event], through its agents, servants, or employ- ees, for the purpose of holding [event] party for the employees and staff of defendant_ [sponsor of event]. Defendant [sponsor of event] knew or should have known that liquor would be served at the party and that people attending and leaving the party would do so by automobile. 7. As a result of the negligence of defendant [sponsor of event], its agents, servants, and employees, individual defendant was permitted to become intoxicated and to leave the party by car, a fact which defendant [sponsor of event], through is agents, servants, and employees knew or should have known. Due to the intoxicated state of individual defendant, [his/her] automobile collided with the vehicle in which the plaintiff was riding while the automobile was in the immediate vicinity of the parking lot of defendant [liquor provider]. 8. As a result of the collision, plaintiff was severely and permanently injured; suffered and continues to suffer great pain of body and mind; has incurred great expense for hospitalization, medicine, medical attention, and nursing; and was prevented from transacting [his/her] usual business and carrying on [his/her] usual activities. WHEREFORE, plaintiff requests judgment against defendants, jointly and severally, for: 1. Compensatory damages according to proof; 2. Costs of suit; and 3. Such other and further relief as to the court seems just and proper. Dated: Attorney for Plaintiff Notes West's Key Number Digest West's Key Number Digest, Intoxicating Liquors 258 to 331. Legal Encyclopedias Am. Jur. 2d, Intoxicating Liquors $$ 450 et seq. Trial Strategy Liquor Provider Liability, 43 Am. Jur. Trials 527.Police Report POLICE DEPARTMENT INCIDENTIOFFENSE REPORT Type of Offense: Reckless Drivinngrivlng U nder the Inuence of Alcohol Name of Suspect: Address: Phone: 1 11-555-1234 Evan Portrnan 3256 Adelaide Gender: Raw DOB: W35" Male c 22531 Driver's License Number: Business Address: 3123215 Douglass Financial Services, 1 State St., Business Phone: 1 11-55-3333 Location, Date, and Time of Offense: Date and Time of Report: Intersection of Park Avenue and Third December 19, 7:00 PM. Street; December 19, 7:00 PM. Vehicles Involved: {1) Suspect Portrnan's: 2012 Honda CRV, white, VlNil 393293028378887 {2] Victim Hewitt's: 2013 Ford FOCUS, red,Vln# 3371738902766034 lli'i'itnessles] Name, Address, 81 Phone Adam Ortiz. 1456 Olive Ave, 1 11-555-3890 Laura Green, 456 Camino Seco Dr. 1 1 15557677 Victim: Jessica Hewitt Narrative Report, Interviews, Evidence l was dispatched to the corner of Park Avenue and Third Street at approximately 7:00 PM. on December 19, ZOXX, in response to a 911 call indicating a motor vehicle collision. I was advised that medical assistance was also dispatched to the scene. When I arrived at the scene, medical personnel were rendering aid to the victim. who was being placed in an ambulance. l was advised by medical personnel that the victim sustained serious injuries and needed to be transported to the nearest hospital. Because of her physical condition, I could not interview her at the scene. At the scene, I interviewed the suspect, Evan Portman and 2 witnesses, Laura Green and Adam Ortiz. Statement of Suspect, Portman Suspect was interviewed at the scene. Portrnan was obviously shaken and upset and before I could question him, rambled about a "stupid ofce party." When I asked him what the ofce party had to do with the accident, he related the following. His employer, Douglass nancial Services, held an after-work ofce party to celebrate the holiday season. As a result he was forced to stay at work much later than he normally does. He and his wife had plans for the evening and he was running late. He seemed overly concerned about the reaction of his wife to his being late. I also observed that his speech was somewhat slurred and his eyes were bloodshot. I asked the suspect how much he had to drink at the party. He indicated that he just had a few beers. I then asked him to perform some eld sobriety tests. He had trouble performing these and I then requested that he submit to a breathalyzer test. The test was positive for alcohol (.1496). Suspect was then placed under arrest for driving under the infl uence. Statement of Laura Green Mrs. Green related the following at the scene. She first noted the suspect's Honda SUV vehicle as it was driving north on Park Avenue toward the intersection of Third Street. Mrs. Green stated that the Honda SUV passed her on the right [at that point Park Avenue is one lane in each direction with a right shoulder used for street parking). The witness estimated the speed of the Honda at 45 mph. The speed limit for that part of the road is 30 mph. The witness further stated that the trafc signal turned yellow for trafc in her direction a few seconds before the Honda entered the intersection. The Honda vehicle was struck by a Ford Focus that had entered the intersection traveling west on Third Street.The Ford came from the suspect's right.The witness did not see the color of the light for the Ford as it entered the interSection. The witness thinks the Honda entered the interSection on a yellow light, but was not certain. Statement of Adam Ortiz Mr. Ortiz related the following. Prior to the collision of the Ford and Honda SUV. Ortiz was stopped for a red light at the intersection of Park Ave. and Third St. At that point, Third Street has two lanes in each direction. Ortiz was traveling west on Third St. Just as the light turned green for trafc traveling on Third Street, a Ford Focus came along side his vehicle.The Ford Focus entered the intersection without stopping, although the witness indicated that the light was green when the vehicle entered the intersection. Ortiz indicated that the Ford seemed to have been traveling "pretty fa st\"as if anticipating that the light was going to change. Shortly after the Ford entered the intersection, the vehicles collided, the front of the Ford hitting the passenger side ofthe Honda. Recommendations recommend that when investigation is complete, this case be referred tothe District Attorney's ofce for prosecution for driving under the inuence. Report Made By:0fcer Donald Ramirez Date: l2i19l20XX