Par 1103 litigation assignment 6

PAR 1103 Litigation

Assignment 6

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10 points

 

1.      Look at the following pleadings and identify all of the affirmative defenses included in each pleading by placing “X”s in the chart below:  

 

a)      14 CV 4184, Answer of Greater Dayton RTA, filed 8/20/14

b)      14 CV 0329, Answer of Miami Valley Hospital. filed 2/4/14

c)      14 CV 1617, Answer of MG1 Properties, filed 4/14/14

d)     14 CV 1481, Answer of Robertson Family Trust, filed 4/14/14

e)      14 CV 2161, Answer of  Geico, filed 5/8/14

 

Case #

Assumption of the Risk

Immunity

Statute of Limitation

Intervening/

Superseding Cause

Failure to Mitigate

Sudden Emergency

Mechanical Failure

14CV4184

 

 

 

 

 

 

 

14CV0329

 

 

 

 

 

 

 

14CV1617

 

 

 

 

 

 

 

14CV1481

 

 

 

 

 

 

 

14CV2161

 

 

 

 

 

 

 

 

2.      Based on the facts below, prepare 4 appropriate defenses, in the form, style and language found in any one of the above filed answers, including the headings used for each defense.

 

 

On or about February 14, 2013, Plaintiff Miranda Diaz, was driving her motor vehicle in an eastbound direction on I-70 toward Columbus, on her way to a job interview in Columbus.   Miranda got a late start that morning because her 2 year old son, Marco, woke up sick and could not go to daycare, so Miranda had to find a babysitter.  She was worried about Marco, and told the sitter to text her if he got any worse. When her phone beeped with a text message, she reached for her purse from the passenger seat, but it had slid onto the floor, so she reached down to grab it.  When she looked up, the traffic in front of her had come to a complete stop, causing Miranda to slam on her brakes in order to avoid hitting the car in front of her.  Defendant Jesse Williams was operating a 15 year old truck that he recently purchased for $500.00, which needed numerous repairs.  Jesse was also traveling eastbound on I-70, directly behind Miranda, when she suddenly stopped, but when Jesse tried to stop, the brakes in his truck failed to allow a quick stop, and an accident happened when he rear-ended and collided with Miranda’s vehicle.  The police arrived quickly and Jesse was ticketed for failure to maintain an assured clear distance.  When asked by the officer, Miranda insisted she was fine, and was in a hurry to get to her interview and needed to get back on the road as quickly as possible.  The next day, Miranda experienced pain in her knee, but did not seek medical attention.  Three weeks later, after a long day of outlet shopping, Miranda’s knee pain was severe so she made a doctor appointment.  The doctor sent her to an orthopedic specialist who confirmed that she needed surgery for a condition that resulted from her body weight shifting and causing undue pressure on her knee caused by the swelling that remained from the untreated trauma to her knee.  Miranda filed suit on September 1, 2015.  

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