Lisa Lester, citizen of S.C., was seriously injured in a collision between her car and a delivery
Question:
Lisa Lester, citizen of S.C., was seriously injured in a collision between her car and a delivery truck operated by a Sears, Roebuck & Co. (Sears) employee. Sears is a large department store chain which is headquartered and incorporated in IL and operates stores in every US state. Lester filed an action for negligence in a South Carolina federal court against Sears, seeking damages for her injuries, including past and future medical care, lost wages, loss of future earning capacity, and pain and suffering. Her past medical bills alone totaled more than $90,000.
A portion of Lester's Complaint is excerpted below:
(8) On or about August 16, 2013, Plaintiff was driving southeast on S.C. Highway 153 near
Powdersville, SC, at the posted rate of speed.
(9) A delivery truck marked with the Sears logo approached Plaintiff's vehicle travelling in the
opposite (northwest bound) lane of Highway 153. The driver of the Sears truck was an employee or agent of the Defendant, Sears.
(10) The Sears truck then left the westbound lane and struck Plaintiff's car head-on.
(11) Plaintiff sustained serious injuries as a result of the collision. These injuries include a broken pelvis, crushed vertebrae, ruptured spleen, and head injuries, which have required extensive hospitalization and rehabilitation.
(12) Defendant is liable to Plaintiff for negligent injury to her person due to the failure of Defendant's agent or employee to control its vehicle.
1) Assume for purposes of this question that before filing an Answer, Defendant Sears move to dismiss Plaintiff's Complaint for failure to state a claim. How should the federal court
rule on this motion?
2) Assume for purposes of this question that the matter proceeds to discovery. Plaintiff requested the following matter from Defendant in discovery:
a. All documents regarding the times of work and rest (as required by federal regulations)
for all Sears delivery drivers in SC for the past two years.
b. All documents regarding the contents and weight of the load in Defendant's delivery
truck at the time it struck Plaintiff. How should Defendant respond to the foregoing discovery requests? Explain
Expert Answer:
The federal court should deny Sears motion to dismiss Lesters Complaint for failure to state a claim To evaluate such a motion the court typically con... View the full answer
