E-Memorandum Advanced Legal Writing

.docx

School

University of Southern California *

*We aren’t endorsed by this school

Course

670

Subject

Law

Date

Apr 3, 2024

Type

docx

Pages

2

Uploaded by DeaconProtonJaguar39

To: Eric Claville From: Baron Ammons II  RE: Uninsured Motorist Case – Jerome W.  Date: August 18, 2022 Question : Is Jaelynda an independent and uninterested witness? Brief Answer: A reasonable person would most likely conclude that Jaelynda is an independent and uninterested witness, because she is not apart of the accident, nor involved with Mr. Jerome in any way apart from class and volunteering at the food back, according to the relevant facts.  Statement of facts to support the Answer : Jaelynda Jefferson is the classmate of Jerome, and she is considered a vital witness to the case. It is important that Jaelynda must be independent and disinterested to prevail in this case.  Jerome volunteered to share his outlined notes with Jaelynda. Furthermore, James Defenda, the insurance company’s lawyer, scheduled depositions of Jermoe and Jalyna, in addition to the police officer, and other witnesses on August 31. Defenda plans to move for summary judgment using dispositions. Therefore, if the insurance company loses, they will settle. However, if we lose, the case is thrown out. Lastly, Jerome sought to invite Jawlynda to his cousin’s wedding on October 8. According to paralegal Belle Bloxxo, the case of Cox v. Masun , 729 So. 2d 671, is important. Discussion: The Louisiana Revised Statutes 22:1295(1)(f) states, the injured party bears the burden of proving by an (1) independent and (2) disinterested witness that the injury is the result of the actions of the driver of another vehicle whose identity is unknown or who is uninsured or underinsured. La. Rev. Stat. Ann. § 22:1295. In Cox,Cox v. Masun, 98-1857 ( La. App. 4 Cir 02/10/99), 729 So. 2d 671,   there is no definite definition of an independent witness; however,
the Fourth Circuit Court of Appeal of Louisiana rationalized that the driver was not an uninterested witness because he was involved in the accident. Therefore, naturally the driver is concerned with the results of the case. This current case is not analogous to Cox , because Jaelynda was not involved in the accident, unlike the driver; thus, she is not an interested witness. The facts do not indicate that Jaelynda, nor Jerome are deeply associated, which likely aids Jaelynda in being independent and disinterested. Although Jaelynda is a classmate to Jerome, they both volunteer at the food bank, and he shares his outlines, while inviting her to weddings, the average reasonable person would not consider this enough to be interested because she was not apart of the accident, she simply knows of Jerome, and at most has a loose relationship with him. Her independence is likely contingent upon her investment in her relationship with Jerome; however, it appears she has no heavy investment in their relationship. Because they simply know of each other, this loose affiliation could result in Jaelynda’s independence. This is comparable to someone going to class with a person named Bob, and even works with him, but barely associates with each other. Conclusion:   Jaelynda is likely disinterested 1) because she was not heavily involved with Jerome on a platonic or romantic level, nor 2) was involved in the accident. Therefore, Jaelynda is likely independent and (2) disinterested witness.
Your preview ends here
Eager to read complete document? Join bartleby learn and gain access to the full version
  • Access to all documents
  • Unlimited textbook solutions
  • 24/7 expert homework help