Assignment PART I
You represent a man who was severely injured in a car accident with a police vehicle. Your client was driving northbound on a main street at approximately 40 miles per hour, with the windows open and listening to the radio. He gave two statements to police after the accident. In one, he admitted the radio was on and that it was “a little loud,” and in the other he denied having the radio on.
The police vehicle was traveling eastbound on an intersecting main street, also traveling approximately 40 miles per hour, and the two vehicles collided in the intersection. Your client tells you that he did not hear any sirens or see any emergency lights. However, at her deposition, the police officer testifies that she was heading to an emergency and had her lights and siren operating. A video of the collision, taken from the security video of a nearby business, clearly shows the police car’s emergency lights operating. Although the video has no sound, several witnesses gave statements at the scene that they heard the siren and saw the lights, and stopped at the intersection to yield to the police vehicle. Those individuals, however, could not be located for deposition and are unlikely to be located to testify at trial. The police department has a policy that requires its drivers to slow down when entering an intersection and clear the intersection before proceeding through it, even if responding to an emergency. Relevant state law requires the same.
The plaintiff suffered scrapes and bruises in the collision, and was transported to the emergency room by ambulance, but was discharged later that night with a prescription for painkillers. The record shows that he started treating with a chiropractor after consulting with a lawyer, and that the chiropractor treated him for approximately one year. The record also shows that he had MRIs of his neck and mid- and low back, and those MRIs revealed a neck strain and back sprain, for which he was prescribed physical therapy and various painkillers. Your client has incurred medical expenses in the approximate amount of $26,000. The chiropractor estimates that he will need back surgery, at an additional cost of $25,000, but that has not been confirmed by a medical doctor. Your client’s car was totaled in the accident, at a loss of $6,000. Your client also claims that his iPhone was damaged beyond repair in the accident, requiring him to purchase a new one at a cost of $600, but he has no receipt for the purchase. Your client has a history of traffic collisions, and has brought other lawsuits in the past based on collisions he has been involved in. He also drove without a driver’s license for a number of years before he was caught and was forced to obtain a license.
Your client has sued the police department, the City, and the police officer. The parties agree to mediate.
Prepare a negotiation plan using the template on pages 47-48 in the book.
Assignment PART II
Read the hypothetical case below. Assume that you work for the law firm representing Smith. In 1-2 pages, using the negotiations techniques and strategies discussed in the textbook, discuss how you would conduct negotiations on behalf of Smith.
Smith v. Jones: Smith was driving south on Interstate 95 just above the Route 50 interchange. Smith states that he was properly in the slow lane when he was struck by Jones, who allegedly swerved into Smith’s Lane at a high rate of speed. Smith was slightly injured and states that he spent $2,000 on medical care. The left side of his car was damaged and repaired for $5,000. Jones was uninjured and suffered $4,000 in vehicle damages. Jones contends that he was in his own lane, driving below the speed limit, and Smith changed lanes and hit him without first checking his “blind spot”.
Provide APA formatted citations to support your strategy.
Prepare both Parts of the assignment on the same document and submit one document for grading (with both assignment Parts).
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You represent a man who was severely injured in a car accident appeared first on Skilled Papers.