Expert answer:Tort Law Memorandum

Solved by verified expert:Review the fact pattern below.Prepare a memorandum of not less than three, but no more than five, pages addressing the following:Identification and analysis of all potential defendants includingDuty owedWhether duty was breachedWhether actual cause can be establishedWhether proximate cause can be establishedIdentify any potential issues of contribution or indemnification (assume that the state legislature for your state has adopted the doctrine of joint and several liability)Module 7 Fact Pattern
mod7assignment_fact_pattern_1.docx

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Alexis’ Accident
You are attending an initial consultation with a potential new client, Alexis, who was injured
in an auto accident. She explains that she participates in a car-pooling program at work and
was the passenger of one of the cars in the accident driven by a co-worker, Lisa. The
accident occurred at an intersection when a driver ran a red light. Lisa was talking on her
cell phone at the time and had to drop it to try to avoid the collision. She slammed on the
brakes but it was too late and the other car hit the passenger side where Alexis was seated.
It’s quite possible that if Lisa was not on the cell phone, she may have stopped in time.
The police accident report would later reveal that the other driver was a college student who
was rushing to get to a night class on time. The college student (properly insured) claimed
that he didn’t mean to run the light, but his brakes failed. In fact, he had just replaced them
the previous week and thought they were ‘’sluggish’’ when he used the car during the past
few days but didn’t think much of it and decided to drive the car anyway. It was later
discovered that the brakes were defective.
Alexis was pinned in the car for nearly an hour. She suffered several cuts, abrasions and
bruises as well as a broken arm. Alexis is brought to the hospital via ambulance to have her
bone set and some stiches to close a rather bad gash. At the ER, it was determined that
Alexis was suffering from some internal bleeding so an emergency exploratory surgery was
ordered. The surgery was able to stop the bleeding but the surgeon nicked a nerve which
resulted in some minor, albeit permanent, nerve damage.
Alexis was eventually released the next day, late in the evening. Since the hospital was
within walking distance to her home, she decided to walk home. On her way home, she was
mugged and her purse, along with her cash, checkbook and credit cards, were taken.
…
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