opportunity 3

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School

University of Toledo *

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Course

1160

Subject

Law

Date

Apr 3, 2024

Type

docx

Pages

3

Uploaded by CommodoreGoatMaster80

Lena Gochenour Professor Davis LGL 1160 3/26/24 Smith v Estate of Jones ____________________________________________________________________________ Issue: Is Mrs. Smith entitled to seek restitution from Mr. Jones's estate for the car accident that led to Mr. Smith's passing and her injuries, and does she have the eligibility to pursue coverage under the State Farm policy for uninsured or underinsured motorists? Facts: Mrs. Smith, 40, was seriously injured, and her husband Bill, 42, killed in a car accident on February 2, 2024, on Airport Highway in Lucas County, Ohio. Mr. Frank Jones, 61, veered left of center, causing the collision. Despite Mr. Jones also dying from a sudden heart attack, Mrs. Smith is pursuing legal action against his estate for personal injury and wrongful death. Mr. Jones had $100,000/$300,000 liability insurance with Progressive, while the Smiths have $500,000/$1,000,000 uninsured/underinsured motorist coverage with State Farm. Brief Answer : Based on the information provided above, my analysis suggests that a court would likely rule in favor of Mr. Jones’ estate due to the insufficient evidence to establish liability for the accident. In such cases, the burden of proof typically rests with the defendant to demonstrate their lack of liability. However, this case is more complex because of Mr. Jones' death , which
then may led to the examination of medical records to establish the unforeseeable nature of his heart attack. The party overseeing his estate would need gather these records to potentially rule out any underlying conditions that could have lead to the accident. Should these records reveal that the defendant was aware of any pre-existing conditions that could have contributed to the accident, it may provide grounds for Mrs. Smith to pursue a wrongful death suit and a personal injury suit. However, if Mr. Jones cannot be held liable for the accident, then Mrs. Smith's claim against State Farm pertaining to the policy for uninsured/underinsured drivers may proven ineffective. Therefore, it's crucial to thoroughly examine Mrs. Smith's medical records and past legal cases to understand if her case is strong and what results she might expect from taking legal action. Furthermore, additional investigations into the circumstances surrounding the accident, such as eyewitness testimonies or expert opinions, could offer valuable insights into the events leading up to the incident. This expanded examination could shed further light on the liability issue and potentially strengthen Mrs. Smith's position in her pursuit of justice for her late husband. Discussion Two primary objectives must be addressed regarding the issue. Firstly, it needs to be determined whether Mrs. Smith is eligible to pursue both a wrongful death claim and a personal injury claim against Mr. Jones's estate. As previously mentioned for Mrs. Smith to seek compensation for these damages, the defendant must be proven liable. However, this presents a challenge as Mr. Jones, the defendant, is deceased. Hence, the responsibility falls upon the estate executor to find evidence proving Mr. Jones's was not liable for the accident. Since the burden of
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