Legal Memo

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Client Evaluation Evaluation of Mary Smith and Shayla Smith Date: October 25, 2010 Preamble: This case is a potential negligence case involving a swimming pool and a ten-year child who was under the care and supervision of neighbors at a public campground. Potential defendants are the neighbors and the campground owners. The only witnesses appear to be the two ten-year girls, one of whom was injured. Issue: Who is the negligent party (or parties) responsible for the personal injury suffered by Shayla Smith while swimming at O&D Family Campground? Evaluation: Mary Smith: Mary is the 38 year old mother of Shayla Smith and is a single parent. There is no parental contact with Shayla’s father or any financial support…show more content…
Shayla said she guessed there was a lifeguard there (there was not). But Shayla did say that her arm was not the same as before and that she does not want to swim anymore. I think it would be difficult to get consistent answers out of Shayla. Facts: Positive: Mr. and Mrs. Tuttle were responsible for watching Shayla and were aware of Shayla’s dyslexia. The Tuttle’s have previously watched Shayla. Shayla was injured at O&D Campground on August 30, 2010 when she dove into the shallow end of the pool at 9:30 a.m. There is a posted sign at the entrance to the pool which states the pool does not open until 10:00 a.m. There is no lifeguard on duty. Mr. and Mrs. Tuttle were not at the pool when the girls went in however they were there the previous day (meaning they presumably saw the posted signs). The pool has a sand bottom so even though the water is clean the bottom is not clear. Shayla has had nightmares about the accident and no longer wants to swim. Mr. and Mrs. Tuttle informed Mary they have insurance and that her attorney should speak with their attorney. Negative: Shayla Smith is a “handful” according to her mother. A potential negative fact would be if Mr. and Mrs. Tuttle expressly told the girls they were not to go swimming and Shayla disobeyed. Shayla claims she could see the bottom of the pool. Tamara and Shayla appear to be the only witnesses. Neutral: Mr. and Mrs. Tuttle have been in contact with Mary and Shayla and have sent

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