work Essay

1232 WordsSep 24, 20135 Pages
PLEG 265 Capstone Project Part 2 Pre-litigation Research Memo To: Maxine Ifill From: Paralegal, Sherrie Eustace Re: Sue Davis v. Gary Steele Date: September 12, 2013 ASSIGNMENT Review authorities provided to determine probable answers to the issues. FACTS Our client, Sue Davis, was in a car accident in Yankton, South Dakota. Sue sustained massive head injuries, and the paramedics did not think that she would make it to the hospital alive. Once all was said and done Sue incurred $400,000.00 in medical bills, $45,000.00 in lost wages, and $50,000.00 in property damage to her Bentley. ISSUES What court is proper in which litigation should be commenced? Why? Explain. Who are the parties to the lawsuit? Analyze…show more content…
Yankton County, South Dakota would also be proper for personal jurisdiction beings that the accident did take place in Yankton County. According to the State Bar of South Dakota the Circuit Courts of Yankton County, South Dakota is also proper for subject matter jurisdiction; circuit courts hear civil lawsuit cases, divorce cases, adoptions, guardianships, felony, and criminal proceedings. This particular case falls under a civil case. According to the civil procedures in the State of South Dakota, the parties to this law suit would be Sue Davis as plaintiff, because she is the party whom has commenced the law suit action and claims to have incurred losses due to the defendant’s actions. She will be the one who will deliver the summons to the defendant, Gary Steele. Gary Steele would be identified as the defendant, because Sue is taking action against him for the accident. CONCLUSION Our client appears to have a solid case, but there are steps that we should take to better position our client for litigation. RECOMMENDATION/DISCOVERY PLAN The steps that I recommend that we take to better position our client for litigation would be to outline a discovery plan: 1. Review Objectives - What does our client want? - Recover physical property? (Bentley) - Get rich from the lawsuit? - Get her medical bills paid for? - Make the

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