make a case brief

MEMORANDUM

TO: Junior Associate FROM: Senior Partner DATE: November 14, 2011 RE: Kelly Meyer: Duty to Warm Issue

Our firm represents Kelly Meyer. She is a very upset young woman who wants to bring suit against Leila Tremaine for injuries she sustained after being shot by one of Tremaine's patients, Ted Cabot. The following is a summary of the circumstances leading to this unfortunate incident.

At the time of the incident, Cabot was majoring in photography at the Center for the Arts in Los Angeles, California. With sandy brown hair that fell into his eyes and a keen sense of irony, Cabot had a very promising future as a photographer. He had received numerous accolades in the local trade publication for his photographs of urban disassociation and had been hired as a part-time photographer at a city newspaper.

However, in spring 2010, before his sophomore year, Cabot began undergoing counseling with the certified school psychologist, Tremaine, at the urging of his close friend and roommate, Sam Simm. Cabot also voluntarily withdrew from the Center because of his emotional instability. During treatment, Cabot reported that he had been severely depressed since his longtime girlfriend, Mimi Lang, had broken up with him. Dark-haired and tall, Lang was a talented drama student in her final year at the Center with a wide range of credits in her portfolio. Cabot admitted to the psychologist that he had contemplated suicide and seemed unable to stop calling her and driving past her apartment to see what she was doing. He would sit outside her apartment all night to check up on her and find out if she was seeing anyone else. He reported that he was unable to concentrate in class, was not eating, and was having difficulty going about his normal life. Cabot told his psychologist that Simm finally convinced him that he needed help after Cabot saw a man kissing his former girlfriend in the doorway to her apartment and charged out of his car, threatening him with his pocket knife. Lang's neighbors called the police and prevented Cabot from injuring anyone. Ultimately Lang convinced her date not to press charges.

After nine months of both individual and group counseling, Cabot terminated his treatment and sought readmission as a sophomore to the Center for fall 2011. In his application, Cabot disclosed his prior psychological treatment. The admissions committee discussed his file with his former treating psychologist and asked Tremaine, the Center's certified school psychologist, to review Cabot's entire treatment file. In large part because Lang had already graduated from the Center and no criminal charges had ever been filed against Cabot, all parties ultimately agreed to grant Cabot's request for readmission to the Center on the condition that he resume counseling and meet with Tremaine once a week.

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