Legal Memo PA110
LEGAL MEMORANDUM
To: John Doe, Esquire, Senior Partner
From: Jennifer Ramos, Paralegal
Date: July 23, 2014
Re: Anheuser Busch Companies, Inc.- Affirmative Defense
Case No.: 210204
In regards to our case no. 210204 Justin King v. Anheuser Busch Companies, Inc. I find Contributory Negligence to be the appropriate Affirmative Defensive action. Mr. King exacerbated his injury when he took it upon himself to loosen the wires, to his own admittance. Justin King was also swerving and/or switching lanes frequently perhaps not paying attention or distracted by his recent Music Record deal signing with MCI Records. I chose to say contributory negligence because we cannot deny that cases of beer were not properly secured in our vehicle, proving that it was some percentage of our own default.
“The plaintiff shall be barred from recovering damages if the trier of fact finds that the contributory fault on the part of the plaintiff is more than 50% of the proximate cause of the injury or damage for which recovery is sought.” Illinois State Statute 735 ILCS 5/2-1116(c) (2011). Thus we must provide proof that the plaintiff, Mr. King contributed at least 51% of the negligence. A similar case would be Timmerman v Modern Industries, INC. 960 F.2d 692; 1992 U.S. App. LEXIS 6205. This case involved a collision between a truck (Defendant, Modern Industries) and a person (Timmerman). Timmerman died due to his injuries resulting from the accident. The decedent’s mother brought a wrongful death suit against Modern Industries. Timmerman was found to be 51% at fault thus the claim against Modern Industries was denied. Timmerman’s actions before he collided with Modern Industries are what led to the accident in the first place. An example of one of Timmerman’s contribution to the accident is:
“No person shall open the door of a vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without
To: John Doe, Esquire, Senior Partner
From: Jennifer Ramos, Paralegal
Date: July 23, 2014
Re: Anheuser Busch Companies, Inc.- Affirmative Defense
Case No.: 210204
In regards to our case no. 210204 Justin King v. Anheuser Busch Companies, Inc. I find Contributory Negligence to be the appropriate Affirmative Defensive action. Mr. King exacerbated his injury when he took it upon himself to loosen the wires, to his own admittance. Justin King was also swerving and/or switching lanes frequently perhaps not paying attention or distracted by his recent Music Record deal signing with MCI Records. I chose to say contributory negligence because we cannot deny that cases of beer were not properly secured in our vehicle, proving that it was some percentage of our own default.
“The plaintiff shall be barred from recovering damages if the trier of fact finds that the contributory fault on the part of the plaintiff is more than 50% of the proximate cause of the injury or damage for which recovery is sought.” Illinois State Statute 735 ILCS 5/2-1116(c) (2011). Thus we must provide proof that the plaintiff, Mr. King contributed at least 51% of the negligence. A similar case would be Timmerman v Modern Industries, INC. 960 F.2d 692; 1992 U.S. App. LEXIS 6205. This case involved a collision between a truck (Defendant, Modern Industries) and a person (Timmerman). Timmerman died due to his injuries resulting from the accident. The decedent’s mother brought a wrongful death suit against Modern Industries. Timmerman was found to be 51% at fault thus the claim against Modern Industries was denied. Timmerman’s actions before he collided with Modern Industries are what led to the accident in the first place. An example of one of Timmerman’s contribution to the accident is:
“No person shall open the door of a vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without