Essay on "Complaint Lara Lawyer, Attorney"

Quoted Instructions for "Complaint Lara Lawyer, Attorney" Assignment:

I need: 1) A Complaint for Damages to be filed in Marion County Superior Court. The Complaint should contain the proper caption, title and opening paragraph. The body of the Complaint should include five sections: parties, jurisdiction/venue, facts, counts, and damages (request for relief/wherefore clause.) This complaint does not need to be verified. This is a Complaint using a negligence theory; therefore, you should have at least one paragraph related to each of the elements that must be asserted in a negligence complaint. The complaint should include the attorney’s signature block. The complaint should have NO FEWER THAN fifteen (15) numbered paragraphs and NO MORE THAN fifty (50).

2) A Summons to be served with the Complaint for Damages. You may use the form posted on Blackboard. You may assign an appropriate, but fictional, number to the summons.

3) An Answer to the Complaint for Damages. The answer should reassert each of the paragraphs from the Complaint and then set forth the appropriate answer. The responses should be in the format we discussed in class. The Answer should include affirmative defenses. Refer to the rules for appropriate affirmative defenses for this case. The Answer should contain the proper caption with case number, title, opening paragraph, attorney signature block, and certificate of service. Here are the facts:

Lara Lawyer is an attorney at the law firm Lawyer, Attorney, and Counsel, LLC. Prudence Smith has retained Lara’s firm because she was injured in a car accident on Banta Road near Bluff Road in Marion County, Indiana about 7:50 a.m. on January 21, 2011, a frosty morning, just prior to sunrise. Mrs. Smith was driving a 1997 Chevrolet Cavalier with burned out tail lights. The brake lights were working in the vehicle. Prudence is married to Matthew, and they have three young children. Prudence was self-employed as an accountant prior to the accident. However, she sustained severe damage to right hand and arm, which has resulted in her inability to use her adding machine or computer since the accident. Her medical treatment is ongoing. It is unknown at this time whether she will ever regain full use of her right arm.

Sheri Miller was late for work on the morning of January 21, 2011, when she was traveling behind Prudence Smith in her 2004 Ford F250 pickup truck. Her windows were still frosted over from being parked outside overnight, even though she had scraped a small area of her front windshield clean. Sheri is married to *****, and they also have three small children. Sheri has two jobs – one as a chef at the popular Indianapolis eatery, IndyEatz, and one as a bank teller at Bank Nine and Three Quarters. Sheri’s vehicle also sustained damage in the accident, but she was not injured.

A deer darted across the road in front of Mrs. Smith’s car, just before the intersection of Bluff and Banta, and Prudence had to slam on her brakes to avoid hitting the deer. Mrs. Miller did not see Mrs. Smith’s brake lights in time and collided with the rear end of Mrs. Smith’s car. After she receives notice of Prudie’s lawsuit, Sheri hires Krista Kussen of the law firm Kussen, Altman and Polk, LLC to assist her in preparing an answer. You may make up additional facts, along with information such as addresses for the attorneys, where needed.