Chapter 7 eportfolio. The form is from the civil complaint packet found on the website for the United States District Court for the State of Colorado.

Transcription

1 Chapter 7 eportfolio Beth Breyer-Mbise PAR115 Introduction to Law August Rowan a middle school student and his sister Iris a high school student were passengers on the last school bus of the day on their way home after Rowan's basketball practice and his sister's choir practice. The bus had made its regular stops and was on a public highway when it was struck by a large commercial truck. Rowan's injuries were severe enough to prevent him from playing basketball for the rest of the season on his school team and local club team that was in the championship. Iris had been practicing and eagerly looking forward to traveling with the school choir on an invitational European tour. A review of the medical bills shows expenses in excess of $75000 for each child. Because of the nature of the accident it was investigated by the National Transportation Safety Board which issued a report indicating the probable cause of the accident was the failure of the brakes on the truck. The truck driver in his initial police statement indicated that he had had no problems with the vehicle and especially the brakes. The trucking company has denied any liability. No initial reports or documentation were provided by the trucking company to the police because all of the maintenance records were kept in electronic format at the company's corporate headquarters in another state. Find online if possible or if not found online find in a law library or the federal U.S. District Court for the State of Colorado the proper form for filing a complaint for personal injuries in the federal U.S. District Court of Colorado. Prepare as best as possible from the above facts the complaint and answer in the case presented. If insufficient facts are provided to complete the complaint or answer make up the missing information and complete these documents. The form is from the civil complaint packet found on the website for the United States District Court for the State of Colorado. It can also be found at: United States District Court for the State of Colorado Clerk s Office Alfred A. Arraj United States Courthouse Room A105 Denver CO (Rev. 07/06)

2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. (To be supplied by the court) Rowan Smith and Iris Smith Plaintiff(s) v. Imaginary Trucking Company and Joe Driver Defendant(s). (List each named defendant on a separate line.) COMPLAINT (Rev. 07/06)

3 PARTIES 1. Plaintiffs Rowan Smith & Iris Smith is/are a citizen of El Paso County Colorado who presently resides at the following address: 123 Main Street Colorado Springs CO Defendant Imaginary Trucking Company is a citizen of Anuther County Minnesota who live(s) at or is/are located at the following address: 456 Any Street Minneapolis MS Defendant Joe Driver is a citizen of Denver County Colorado who live(s) at or is/are located at the following address: 789 First Street Denver CO (Attach a separate page if necessary to list additional parties.) JURISDICTION 4. Jurisdiction is asserted pursuant to following statutory authorities: 28 U.S.C U.S.C. 4 85(a)(1) (c)(1) 49 U.S.C Briefly state the background of your case: On March Rowan Smith a middle school student and his sister Iris Smith a high school student were passengers on the last school bus of the day on their way home after Rowan's basketball practice and his sister's choir practice. The bus had made its regular stops and was on a public highway when it was struck by a large commercial truck. Rowan's injuries were severe enough to prevent him from playing basketball for the rest of the season on his school team and local club team that was in the championship. Iris had been practicing and eagerly looking forward to traveling with the school choir on an invitational European tour. She was not able to go. A review of the medical bills shows expenses in excess of $75000 for each child. The truck is owned by Imaginary Trucking Company with headquarters in Minneapolis MN. The truck was driven by trucker Joe Driver. Because of the nature of the accident it was investigated by the National Transportation Safety Board; the NTSB issued a report indicating the probable cause of the accident was the failure of the brakes on the truck. In his initial police statement Joe Driver indicated that he had had no problems with the vehicle and especially the brakes. Imaginary Trucking has denied any liability. No initial reports or documentation were provided by the trucking company to the Colorado State Highway Patrol because all of the maintenance records were kept in electronic format at the company's corporate headquarters in Minnesota. (Rev. 07/06) 3

4 FIRST CLAIM FOR RELIEF AND SUPPORTING FACTUAL ALLEGATIONS (Please number your paragraphs and attach any necessary additional pages.) 1. Rowan Smith was severely injured when the Defendant Driver slammed his commercial truck into the back of the school bus in which Rowan was a passenger. The accident was in no way caused by the Plaintiff or by Plaintiff s bus driver. The NTSB has pinned the blame on the failure of the commercial truck s brakes a maintenance issue. 2. Rowan was hospitalized for a month. He currently is receiving physical therapy to help him regain the ability to walk unassisted. Rowan who was a solid middle school student member of his school s basketball team and member of an elite basketball club that went to the league championship now finds that he has trouble standing for more than a few minutes when unassisted and that he cannot walk without assistance. Needless to say Rowan missed the championship. Because he lives in a two-story home with his bedroom upstairs this has placed a great burden on his family who now has to carry him up the stairs to his bed. 3. Rowan s medical bills have currently topped $75000 and are expected to at least double this amount before his therapy is complete. 4. Rowan s family has taken a financial hit because one of his parents has to be at home at all times to tend to his physical needs and to drive him to his appointments. His mother quit her well-paid full-time job and took a low-paid part-time night job so that she would be able to care for Rowan will his father is at work; his father cares for him at night while his mother is at work. 5. Rowan s family does not have medical insurance and cannot afford to pay these medical bills. The Smith family is facing bankruptcy through no fault of its own. In addition the Smith family needs money in order to remodel their home so that it can be made handicapped-accessible for Rowan. (Rev. 07/06) 4

5 SECOND CLAIM FOR RELIEF AND SUPPORTING FACTUAL ALLEGATIONS (Please number your paragraphs and attach any necessary additional pages.) 1. Iris Smith also was badly injured when the Defendant Driver slammed his commercial truck into the back of the school bus in which Iris was a passenger; Iris was hospitalized for three weeks. She currently is receiving chiropractic treatment twice a week to relieve the pain of severe whiplash that was caused by the accident. She is also receiving physical therapy. Iris who was a solid high school student had been practicing and eagerly looking forward to traveling with the school choir on an invitational European tour. She was not able to go. She was in the hospital until just before the choir left then had to stay behind to help her family. Iris is suffering memory problems since the accident and may have trouble completing high school on schedule. 2. Iris s medical bills have reached $75000 and are expected to go higher by an undetermined amount; it will depend on how much chiropractic and physical therapy she requires before her whiplash pain is under control. 3. Iris s family has taken a financial hit not only because of her parents problems but also because Iris herself has not been able to work since the accident. She is both in pain and experiencing too much mental confusion to hold down even a part-time job. Iris had been working 20 hours per week as a waitress at a popular family restaurant earning modest wages and good tips. She was averaging about $250 a week. 4. Iris s family does not have medical insurance and cannot afford to pay these medical bills. The Smith family is facing bankruptcy through no fault of its own. (Rev. 07/06) 5

6 THIRD CLAIM FOR RELIEF AND SUPPORTING FACTUAL ALLEGATIONS (Please number your paragraphs and attach any necessary additional pages.) (Rev. 07/06) 6

7 Plaintiff requests the following relief: REQUEST FOR RELIEF 1. $80000 to pay the past-due medical bills for Rowan Smith. 2. $75000 to pay the past-due medical bills for Iris Smith. 3. $75000 to pay the future medical bills for Rowan Smith. 4. $75000 to pay the future medical bills for Iris Smith. 5. $ 2000 to cover lost wages for Iris Smith. 6. $50000 to cover lost wages for mother Mary Smith. 7. $50000 to pay remodeling costs for the Smith family residence in support of Rowan Smith. 8. $10000 for a motorized wheelchair to assist Rowan s mobility until he is able to walk unassisted. 9. $35000 to purchase a wheelchair-accessible van to assist the Smith family in transporting Rowan to his medical appointments. Date: 08/02/11 Rowan Smith Iris Smith (Plaintiff s Original Signature) 123 Main Street (Street Address) Colorado Springs CO (City State ZIP) (Telephone Number) (Rev. 07/06) 7

8 WHERE TO GET HELP American Civil Liberties Union 303/ Catholic Immigration Services 303/ (immigration and deportation only) Colorado Bar Association website Colorado Legal Services (formerly Legal Aid Society) Denver 303/ Fort Collins 970/ Colorado Springs 719/ The Legal Center 303/ (physically challenged only) Law Line 9 (legal advice only Wednesdays 4:15-6:30 p.m.) 303/ Metropolitan Lawyer Referral Service 303/ (Rev. 8/30/07) 8

9 Maps: How to Find Us To obtain these maps contact the office of the Clerk of the Court: Alfred A. Arraj United States Courthouse th Street Room A105 Denver CO / (Rev. 8/30/07) 9