WRITING ASSIGNMENT 1
You are a personal injury lawyer. Myra Smith has come to you for advice. Please prepare a memo to your client.
Your client in forms you that she has a medical condition that causes her to have occasional, unexpected, very severe migraine headaches. She can significantly reduce her chances of a migraine attack when she takes anti-migraine medication, regularly twice a day. Myra is a successful personal trainer and wants to maintain her image as an extremely healthy person. As a result, she is very discreet when taking her medication and makes sure not to take it in front of others, which sometimes causes her to miss a dose.Skipping a dose incenses the likelihood of her having a migraine.
One evening, after spending most of the day with friends, Myra offered her co-worker, Kenny, a ride home. He gladly accepted. Myra had skipped her medication earlier that afternoon because she did not want to take it in front of her friends. Myra was driving the car within the speed limit when she suddenly felt a migraine a migraine coming on. As a result of the increasingly severe headache, Myra crashed into a light post on the side of the road. Fortunately neither Myra nor Kenny were killed.However, Kenny was seriously injured and broke both of his legs. Jared was riding his bike on the opposite side of the street. He was so busy watching the accident that he ran into a tree and was knocked unconscious .
Myra has come to you for advice. She tells you that both Kenny and Jared have told her that they intend to sue her.
Advise Myra as follows:
(A) Is Myra liable to Kenny for his injury? EXPLAIN FULLY.
(B) Is Myra liable to Jared for his injuries? EXPLAIN FULLY
REMEMBER: This is a writing assignment. You may go to the Writing Center for help, if you choose.
