ten-year-old Robby Johnson lives at 1234 Your Street in [Your City, Your State], with his parents Jane and Joe Johnson.  In April of 2020, Jane and Joe hired Sam Jones, sole owner of Green Grass of Home Landscaping, to redo their large backyard.  Part of the plan included the installation of a new privacy fence abutting the neighboring property.  As the crew was digging post holes for the fence, Joe grew concerned about the property lines, so the fence was shortened by 2 feet just to be safe.  A new hole was dug to accommodate the post for the shorter length of the last fence panel. 

On May 9, 2020, Jane, very pleased with her new yard, wrote Sam Jones, a check for the balance owed and asked him about removal of the remaining debris and several hedges, which had been dug up to allow for installation of the fence.  Sam reminded her that "full clean-up was part of the job cost" and stated that he would "send out a couple of guys with a truck in the next day or so. They'll fill in that last post hole we didn't end up using, too, and put some grass seed down."  Since the job itself had gone smoothly and Sam had thus far behaved very professionally, Jane was fine with that response at the time.  A week later, however, the debris and bushes remained, so Jane called and left a voicemail inquiry.  That call, as well as many others placed over the next several weeks, went unanswered.  Finally, on June 15^th, Sam Jones phoned the Johnsons and apologized profusely for the delay.  Apparently, he sold a truck leaving his cell in the glove box, and the purchaser had only returned it the previous day.  Sam said he was shocked and furious upon learning that his clean-up crew had not completed the job and assured them he would be out to take care of it on the morning of the 16^th.  No one showed up to fulfill that promise.

On Saturday, June 27th, 2020, as Robby was running in the yard with the family dog, his leg landed in the post hole which, by that time, was nearly entirely covered by grass that had grown over the hole itself.  In the fall, Robby sustained injuries to his face, including a laceration requiring stitches, a permanent scar, a chipped tooth, and other cuts, scrapes, and bruises. His $300 Nintendo Switch and his $150 eyeglasses were broken in the fall.  On Sunday, July 5^th, a neighbor saw a group of men driving a Green Grass of Home Landscaping truck remove the hedges and debris left on the property while the Johnsons attended church and a Sunday brunch.

Immediately following the fall, Robby went to the emergency room of Hope Hospital.  He has subsequently seen a dentist, plastic surgeon, eye doctor, and his pediatrician. Since the accident, Jane and Joe Johnson have incurred medical bills and expenses as a result of Robby's treatment. They hired a lawyer to sue the responsible parties.

 

A. Directions: Prepare a Complaint on behalf of the Johnsons.  You should identify and sue all responsible parties. You may use the generic format as illustrated in the PCD book but remember to assert the claim in full as discussed in the Legal Document Preparation Manual.

NOTE: you may embellish any needed facts for the Complaint including the amount of any medical bills for each provider or medical liens owed, lost wages, if any, and all out-of-pocket expenses. Make sure the embellished facts support the claim and remain within the given factual framework. Be sure to explain liability for all responsible parties and damages including pain and suffering. Feel free to use your city and state and any attorney names, addresses etc. should be fictional.

B. Directions: Now prepare an Answer to the Complaint on behalf of the defendant(s) named in your Complaint. You may use the generic format as illustrated in the PCD book. Again, refer to the relevant material in your Docs Manual.

Answer rating: 100% (QA)

COMPLAINT The abovenamed plaintiffs Jane and Joe Johnson by and through their attorneys complaining of the defendants allege and state as follows This ... View the full answer