dl assignment spring 2024

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Drake University *

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LAW-105

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Law

Date

Apr 3, 2024

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pdf

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Memorandum To: Law Clerk From: Senior Partner Date: Spring 2024 Re: Litigation and Drafting Assignments 1- 3: Demand Letter, Petition, and Answer I met recently with a new client, Jocque Wurdy. Wurdy works in West Des Moines, Iowa as a receptionist. He was recently injured while leaving a local bar and has come to our firm to determine whether he can recover damages from the bar. On March 1, 2023, Wurdy decided to go to a local bar in Clive, Hoppy ’ s Bar and Grill, LLC ( “ Hoppy ’ s), to meet with some friends. Wurdy parked his car in a parking lot located to the southwest of Hoppy ’ s. The main entrance to Hoppy ’ s is located on the west side of the building. There are two sidewalks that are located at the west entrance of Hoppy ’ s. The main sidewalk exits Hoppy ’ s due west and is located perpendicular to a north-south sidewalk that connects to the southwest parking lot. Another, smaller sidewalk extends at a southwestern angle to Hoppy ’ s and connects to the southwest parking lot. At the time Wurdy entered Hoppy ’ s, the main sidewalk had been shoveled from snowfall that occurred the previous afternoon. At 4:00 p.m., and after drinking several beers, Wurdy left Hoppy ’ s. He was eager to get home to watch college basketball. Consequently, he elected to take the more direct, smaller, southwest sidewalk. There was a great deal of snow on the sidewalk, and Wurdy slipped and fell, fracturing his hip. He required surgery to repair his hip, which included overnight hospitalization. During the period of his recuperation, Wurdy missed two months of work, although he is now back on the job as a receptionist. Wurdy reports that his net monthly salary is approximately $2250. His medical bills have totaled approximately $52,000. Wurdy has contacted our firm and would like to sue the owner of Hoppy ’ s. I ’m con fident there is an Iowa statute that addresses a property owner ’s duty to clear their sidewalks of snow and ice, so you should first look for that. In addition, please use the resources included at http://libguides.law.drake.edu/LRWAP to determine what claim(s) we might pursue and related matters. Attorney Cyndi Velve represents Hoppy ’ s; her address is Velve & Sang Law, PLLC, 100 Birch Lane, Urbandale, Iowa 50322. Assume all pleadings will be filed in Iowa District Court for Polk County.

Directions : 1. DL 1: Demand Letter (10 points) Assume the parties have been unable to resolve their differences. Research Iowa law and identify your client’s cause (s) of action. Prepare a demand letter and direct the letter to counsel for the opponent. Follow the instructions and guidelines discussed in class and in the textbook in Chapter 45 and Appendix L. 2. DL 2: Petition (12 points) Research Iowa law and prepare a petition to be filed in Polk County District Court. If you need to plead additional facts that have not been provided in the problem, you may do so long as those additional facts are consistent with the facts provided. In addition to your petition, turn in an original notice as required by Rule 1.302 and a civil cover sheet as required by Rule 1.301(2). Follow the instructions and guidelines discussed in class and in the textbook in Chapter 46. 3. DL 3: Answer (10 points) Research Iowa law and prepare an answer to the petition provided by your professor/posted on the TWEN page. Be sure to answer each allegation, assert any defenses, and bring any available counterclaims. Your answer must assert at least two affirmative defenses. Follow the instructions and guidelines discussed in class and in the textbook in Chapter 46.

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