Case I: Use the IRAC Format answer the following issues:
(1) Analyze the Case Study facts using the IRAC format (see Attachment). (2) Respond to all questions in the Case Study. (3) Include in your evaluation the application of the following Legal Concepts to the case studies: (a) Justiciability; (b) Comity; (c) Competence; (d) Jurisdiction; (e) Venue; (f) Amount in Controversy; (g) Discovery, as well as any other statue, regulations applicable. (3) Determine the basis (i.e., torts, negligence) of the lawsuit. (4) What are the Standards for filing a lawsuit?
Case:
Abe Chevy, a resident of South Florida, drove onto I-95, heading north to visit his mother in Atlanta. After crossing over to I75N heading toward Atlanta around 7:45 PM, he passed a sign that read, “Macon 25 miles” and realize he had been driving seven hours. At that very instant, he started to think about breakfast for some reason and thought, “maybe I am getting a little tired.” Dismissing the thought, he looked down the road and was happy to see that traffic was very light. Unexpectedly, looking up, he saw a blinding bright light shining in his rearview mirror. Before he could react, a fourteen wheeler slammed into the back of his Lincoln SUV, causing property damage and personal injuries. The driver of the truck worked for a company registered in Georgia at 1010 Trucking Lane, Atlanta, GA. Abe was placed in an ambulance and taken to the hospital, sustaining what looked like a life-threatening injury. He underwent five hours of surgery to remove his spleen. He also suffered a broken arm and leg and dislocated his C1 C2 vertebra. The bill for Abe’s injuries amounted to more than $350,000, and property damage was an additional $80,000. After spending two weeks in the hospital, Abe returned to his house at Zero landlock, Boca Raton, Florida. Abe consulted his attorney to determine what he should do. Abe told his attorney that he wants to file a lawsuit against the Georgia State Trucking Company, the driver Speedy Gonesailing, and owner, Gotdem Bigbucks, in the Florida District Court rather than in the District Court in Georgia. Abe’s attorney Dowe Cheathim stated that he would first have to gather some information and research the law to see if that was possible. Dowe asked Abe to provide the following details to preserve evidence for trial and preparation of making a legal claim, or insurance demand:
Accident reports
Witness statements
On-scene photographs
Medical Evidence
Insurance Policy Information
Treatment Records
Billing Statements
Lost Wages Summaries
Dowe Cheathim calls his junior partner, Ann Howmuch, to his office. Dowe asks her to analyze the following issues in the case:
Does this accident belong in court? If so, why?
Does it belong in a nonjudicial forum? If so, which one? If not, why not?
From a jurisdictional perspective, what court is best suited to hear the case?
The Florida District or Georiga District Court? Can his suit be heard in Florida, if so, why? If not, indicate the legal grounds why it can not?
How does the court obtain the power to hear a case?
What are the standards for review?
