California State University Los Angeles Automobile Case Law Presentation 1) Opening Statement 2) Facts/Issues 3) Caselaw /Authority 4)Evidence 5)Damage

California State University Los Angeles Automobile Case Law Presentation 1) Opening Statement

2) Facts/Issues

3) Caselaw /Authority

4)Evidence

5)Damages

6) Closing Argument Group Project 4-20-2020
Plaintiffs Side: Mr. Rodney D. Clay
Authority:
Calif. Civil Code section 1714(a)
Everyone is responsible, not only for the result of his or her willful acts, but
also for an injury occasioned to another by his or her want of ordinary care or
skill in the management of his or her property or person, except so far as the
latter has, willfully or by want of ordinary care, brought the injury upon himself
or herself. The design, distribution, or marketing of firearms and ammunition is
not exempt from the duty to use ordinary care and skill that is required by this
section. The extent of liability in these cases is defined by the Title on
Compensatory Relief.
Mr. Tyler is responsible to recover all of the damages.
On October 4, 2019, at 5:15 p.m., Mr. Tyler was driving north in the
left-hand lane of Eastern Avenue, approaching the intersection
with State University Drive in Los
Angeles, California. As Mr. Tyler was driving, in a safe and lawful manner, your
automobile made an illegal left turn from the right-hand lane and your vehicle struck our
client’s automobile. Among other infractions, the facts show that you failed to yield proper
right of way, failed to use your turn signal and failed to keep a proper lookout, all of which
are required under California law.
Evidence:
As a result of your above-described negligence, Mr. Tyler has suffered a broken clavicle and
two fractured ribs, as well as numerous strained muscles and ligaments.
JONES, SMITH & HOWARD P.C.
723 Broadway
Los Angeles, CA 90017
January 2, 2020
Rodney D. Clay
509 W. Gleason Street
Monterey Park, CA 91754
Dear Mr. Clay:
Our firm has been retained by Mr. John Tyler to recover
damages incurred in the automobile collision of October 4,
2019.
On October 4, 2019, at 5:15 p.m., Mr. Tyler was driving
north in the left-hand lane of Eastern Avenue, approaching
the intersection with State University Drive in Los
Angeles, California. As Mr. Tyler was driving, in a safe
and lawful manner, your automobile made an illegal left
turn from the right-hand lane and your vehicle struck our
client’s automobile. Among other infractions, the facts
show that you failed to yield proper right of way, failed
to use your turn signal and failed to keep a proper
lookout, all of which are required under California law.
As a result of your above-described negligence, Mr. Tyler
has suffered a broken clavicle and two fractured ribs, as
well as numerous strained muscles and ligaments.
Specifically, Mr. Tyler has been caused to suffer the
following damages Expenses for Damage Claim.xls:
–
Medical expenses of $3,265 incurred at the time, and
as an immediate consequence of your negligent
actions
$910 in on-going expenses for physical therapy, with
the certainty of additional such costs for future
treatment
$634 for prescription and over-the-counter
medications, with the certainty of additional costs
for future medications
$500 for the deductible expenses of repairing Mr.
Tyler’s automobile
–
$3,500 for the diminished value of Mr. Tyler’s 2011
Toyota Camry
$8,000 in lost income (including lost vacation time
and sick leave) since the time of the collision,
with the certainty of additional such losses
$150,000 for the pain and suffering incurred by Mr.
Tyler and the loss of consortium suffered by his
wife and three children
Accordingly, we demand that you (or your insurer on your
behalf) pay to Mr. John Tyler the sum of $164,829.00. This
sum must be received by our office no later than 5:00 p.m.,
February 3, 2020. Your failure to comply with this demand
shall result in the filing of a lawsuit against you to
recover these sums, as well as the recovery of attorney’s
fees and all other remedies allowed by California law.
Govern yourself accordingly.
Regards,
Terrance D. Howard, Esq.
JONES, SMITH & HOWARD
Attorneys for John Tyler

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