Use the same Fact Pattern, Cases, and Statutes that were listed in the Final Legal Memo Assignment. It will also incorporate the Summary Judgment Legal Argument you created for the Summary Judgment Assignment.

You will notice in the Sample Brief, that it follows the basic structure of the standard IRAC format, but with different headings. The title of this document will be a "Motion for Summary Judgment" asking the Court to rule for Summary Judgment in favor of our client, Jane Healy,against Red's Tavern, based upon the arguments your presented in your Legal Memo. The"Background" section in the sample brief is the same as a "Facts" section. You already have the Summary Judgment legal argument written from the Summary Judgment assignment, so you canplace this into the section called "Legal Standard." Once you write the Legal Memo portion of the Final Project, most of your work for the CourtBrief will be done because it is simply reconfiguring and re-labeling the information from yourLegal Memo, emphasizing persuasion. Refer to the information we covered regarding writing"persuasively" and utilize those strategies. Use the format presented in the Sample Court Brief in the Appendix C, creating the propercaption, formatting, headings, spacing, etc. Note, the Sample Court Brief is for a U.S. DistrictCourta federal court. This is not where we are. Remember, our fact pattern and case takeplace in Oregon, therefore, you can "invent" an Oregon State District Court in the heading.

MEMORANDUM

To: Supervising Attorney

From:

Date:

Subject: Liability of Red's Tavern and Strength of Lawsuit Against Them

Factual Background:

Ms. Jane Healy, a successful public relations specialist, was involved in a severe car accident at the intersection of 14th Street and Childs Street. While stranded in the intersection due to stopped traffic, she was struck by Mr. Charles Raymond, whose license was suspended at the time of the accident. Mr. Raymond, an employee of Allegretti & Sons, had been drinking at Red's Tavern prior to the accident, despite his known history of drunk driving. Ms. Healy suffered significant injuries, including a fractured skull, broken ribs, facial lacerations, and severe migraine-type headaches. Her injuries have resulted in hospitalization for over four weeks, with ongoing surgeries and long-term disfigurement. Additionally, she is unable to fulfill the public-facing requirements of her job, jeopardizing her current position and future career prospects.

Legal Analysis:

1. Liability of Red's Tavern:

- Red's Tavern may be liable for negligently serving alcohol to Mr. Raymond, knowing his propensity for drunk driving and the risk he poses to public safety.

- The tavern's failure to monitor or limit Mr. Raymond's alcohol consumption, despite his visible intoxication and known history, could constitute negligence under applicable statutes and case law.

2. Strength of Lawsuit Against Red's Tavern:

- Ms. Healy has a strong case for negligence against Red's Tavern based on their role in contributing to the accident through the over-service of alcohol to Mr. Raymond.

- Case law, such as *Brigance v. Velvet Dove Restaurant, Inc.*, supports liability for establishments that knowingly serve alcohol to visibly intoxicated patrons who subsequently cause harm.

3. Factors Supporting Liability:

- Mr. Raymond's repeated instances of drunk driving, known to his employer and potentially to Red's Tavern, demonstrate a pattern of behavior that should have been addressed by both parties.

- The comments made by other patrons and the bartender's acknowledgment of Mr. Raymond's intoxication further indicate awareness of the risk posed by his continued consumption of alcohol.

Recommendations:

Based on the facts presented, it is recommended that further investigation and legal action be pursued against Red's Tavern. The following steps are recommended:

1. Interview Witnesses: Obtain statements from witnesses present at Red's Tavern on the day of the accident, including the individual who commented on Mr. Raymond's intoxication and the bartender, Tony Simpson.

2. Review Surveillance Footage: Request any surveillance footage from Red's Tavern that may depict Mr. Raymond's behavior and interactions with staff and patrons.

3. Document Review: Examine any records or policies maintained by Red's Tavern related to alcohol service, employee training, and incidents of over-service.

4. Legal Research: Conduct additional research on relevant statutes, such as ORS 471.410 and ORS 471.412, and case law, including *Campbell v. Carpenter* and *Brigance v. Velvet Dove Restaurant, Inc.*, to strengthen the legal argument against Red's Tavern.

5. Engage Experts: Consider retaining experts in alcohol service and liability to provide testimony regarding industry standards and the tavern's breach of duty in serving Mr. Raymond.

6. Demand Letter: Draft a demand letter to Red's Tavern outlining the basis for liability and seeking compensation for Ms. Healy's injuries, medical expenses, lost wages, and future career prospects.

Conclusion:

Ms. Healy has suffered significant harm as a result of the accident involving Mr. Raymond, whose intoxication was facilitated by Red's Tavern. The evidence suggests a strong case for negligence against the tavern, warranting further investigation and legal action to pursue compensation for Ms. Healy's damages.

Please let me know if you require any further information or assistance in this matter.