Advanced Civil Litigation: PLG-402-1412.
Advanced Civil Litigation: PLG-402-1412 Assignment: Assignment 3 You have filed a lawsuit on behalf of Janet Strother a gainst Susan Fried in state court in Cuyahoga County, Ohio. This case involves an incident tha t occurred on July 12, 2013. On that date, plaintiff and her eight – year – old son, Sean, were riding their bicycles on the sidewalk approaching 2250 Barrington Road in University Heights, Ohio. Sean was riding a few feet in front of his moth er. At the same time, defendant was backing her car out of h er driveway located at 2250 Barrington Road. On the passenger side of defendant’s ve hicle, the driveway was lined with hedges, which obstructed the view of the drive way from the sidewalk. Noted from a preliminary interview with a member of yo ur firm indicate that your client gave the following responses: Q And how did you come to fall? A I just saw the car moving in front of me and I hit br akes and I fell off the bike. Q Where was her vehicle when you first saw it? A Let me just say this, it happened so quickly, that she was right there in front of me when I just slammed on brakes. I didn’t see her until sh e just pulled out in front of me. Your client claims that she did not see the defendant’s ca r until it was right in front of her because the protruding hedges obstructed her view. Sh e stated that the car extended over half of the sidewalk and that the sudden e mergence of the car caused her to apply the brakes of her bicycle quickly and to fall, injuring her knee. Your client has repeatedly stated that the car was in front of her w hen she fell. Page 1 of 4 National Paralegal College – View Assignments – National Paralegal College 3/ 6/ 2015 ntID=1681 Defendant claimed, in her answer, that she saw plaintif f and her son riding their bikes along the sidewalk while she was backing out of the drive way. She claims, in her answer, that she brought her vehicle to a stop at the po int of intersection between her driveway and the sidewalk. She claims that she came to a com plete stop before Mrs. Strother, who was allegedly twelve to twenty feet from this intersection, saw her vehicle. She further claimed that she stopped her vehicle, a 1984 Oldsmobile Delta, right before the sidewalk, when the plaintiff’s bicycle st ruck her car, causing plaintiff’s injuries. Both parties agree that defendant then exited her car to see whether the plaintiff was hurt and she subsequently loaded plaintiff’s bicycle in her trunk and offered to drive plaintiff home. Plaintiff then entered the car throu gh the passenger side. You filed a complaint in Cuyahoga County Common Pleas C ourt, to which an answer was filed. In your research, you have found the following relevant l anguage under Ohio Revised Code 4511.431 that specifies the duty of emerging cars. T he law states: The driver of a vehicle or trackless trolley emerging from an alley, building, private road, or driveway within a business or residence district sha ll stop the vehicle or trackless trolley immediately prior to driving onto a sidew alk area extending over the alley, building entrance, road, or driveway, or in the event there is no sidewalk area, shall stop at the point nearest the street to be entere d where the driver has a view of approaching traffic thereon. Ohio Revised Code 4511.38 states as follows: Rules for starting and backing vehicles. No person shall start a vehicle, streetcar, or trackless troll ey which is stopped, standing, or parked until such movement can be made with reasonable safety. Before backing, operators of vehicles, streetcars, or trackless trolleys shall give ample warning, and while backing they shall exercise vigilance no t to injure person or property on the street or highway. No person shall back a motor vehicle on a freeway, except: in a rest area; in the performance of public works or official duties; as a result of an emergency caused by an accident or breakdown of a motor vehicle. Your client has also told you that she saw the police inte rviewing two bystanders after the accident, but she has no idea who they are or where they live. Page 2 of 4 National Paralegal College – View Assignments – National Paralegal College 3/ 6/ 2015 ntID=1681