Discussion Forum #4 – Nelson v. Namisch

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Discussion Forum #4 – Nelson v. Namisch (Interrogatories)

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11 unread reply.11 reply.

The initial post is due by the due date and your responsive posts are due within two days of your original post. In this assignment you will compose: (1) a civil complaint; and (2) a set of interrogatories. Scroll down to the bottom to see helpful links/forms. 

Assume that you work for attorney Tara Jolans of Adams  & Tate, 1000 Town Center, Suite 500,  Annapolis, MD. Jolans has decided to represent Sandra Nelson who is a Maryland resident, in her lawsuit against David Namisch. Based on the following information and the material in the chapter, draft a complaint to be filed in the U.S. District Court for the district of Maryland (Greenbelt). Remember to include the basis for jurisdiction.

Sandra Nelson is a plaintiff in a lawsuit resulting from an automobile accident. Sandra was turning left at a traffic light at the intersection of Jefferson and Mack Streets, while the left-turn arrow was green, when she was hit from the side by a 2014 Toyota Camry driven by David Namisch, who failed to stop at the light. The accident occurred on Friday, June 3, 2018, at 11:30 P.M. David lives in New York, was visiting his family in Maryland, and just prior to the accident had been out drinking with his brothers. Several witnesses saw the accident. One of the witnesses called the police.

Sandra was not wearing her seat belt at the time of the accident, and she was thrown against the windshield, sustaining massive head injuries. When the police and ambulance arrived, they did not think that she would make it to the hospital alive, but she survived. She wants to claim damages of $500,000 for medical expenses, $65,000 for lost wages, and $55,000 for property damage to her Mercedes Benz. The accident was reported in the local newspaper, complete with photographs.

1. Assume that the court’s rules of civil procedure allow you to write only 15 interrogatories; you must write at least 10 but no more than 15 interrogatories. Draft a set of interrogatories for your client.
2. Now switch hats and assume that you work for the firm defending David Namisch; draft a paragraph that explains how the interrogatories prompted by the defendant, would be different than the interrogatories prompted by the plaintiff.  How do your questions for Sandra differ from your questions for Namisch?

Here are some links to help you out:

Writing a civil complaint:

Federal: Complaint form for the U.S. District Court of Maryland (Links to an external site.) (from https://www.mdd.uscourts.gov/forms/all-forms/civil (Links to an external site.))

Federal Rule 10. Form of Pleadings (Links to an external site.)

For Comparison:

Maryland Rule 2-303 Form of Pleadings (Links to an external site.)

Complaint form for the Maryland District Courts (Links to an external site.)

Maryland Courts – Interrogatories

• Civil Rule 2-421. INTERROGATORIES TO PARTIES (Links to an external site.)
• Civil Court Form Interrogatories (Maryland) (Links to an external site.)
• Interrogatories in Maryland District Courts (state)

Federal Court (Maryland U.S. district court) – Interogatories

• Rule 33. Interrogatories to Parties (Links to an external site.)
• Form Interrogatories for Maryland District Court (Links to an external site.)
• Sample Federal Court Interrogatories (Links to an external site.)

Remember to do  your responsive posts! Respond to the initial posts of two other students within two days of your initial post; these are your two response posts. Make sure to ask at least one question in your responsive post. Provide substantive and respectful feedback. When you answer the question posed include (a) a response to their questions posed and/or (b) a educational link to case Briefing or legal memorandum drafting (Hint:  lots of law school websites have tips on both).

Tip:  Students find it easier to work within Microsoft Word, and then cut and paste into the html editor in the Discussion Forum.