You are working as a paralegal for the law firm that represents one of the families in the Arkansas Bus Collision Case. Your supervising attorney, Tanya Brown, has sent you the memorandum below asking you to draft a complaint in the Arkansas Bus Collision Case.
For purposes of this simulated assignment, assume that the collision occurred on May 31 [last year] to avoid any statute of limitations issues. Change the facts from the original NTSB report, assuming that the collision occurred on May 31 [last year].
For facts to support the complaint, use the NTSB report. The name of the driver of the tractor-trailer was David Picton. You should include language that Picton was acting within the scope of employment.
Refer to the sample complaints in Chapter 8 in the course text, including Exhibit 8.9 and Exhibit 8.10.
Use the complaint form to draft the complaint. Submit the complaint as your assignment. The document should be ready as if you are submitting the complaint to the court. You do not need to include the summons with the complaint.
Memorandum from Tanya Brown, Attorney
Date: Today’s Date
To: Paralegal
From: Tanya Brown, Attorney
Re: Complaint in Arkansas Bus Collision Case
I need you to draft a complaint in the Arkansas Bus Collision Case. We represent the parents of a child who died in the collision. The child’s name is Marcus Smith (M.S.), and his parents are Brandon Smith and Courtney Smith. The child was sitting in Seat 9A, described in the NTSB report. The parents claim more than $75,000 in damages, and the extent of damages will be determined if the case goes to trial. Use the facts from the NTSB report when you draft the complaint. The parents are residents of Arkansas and reside at 1201 Aspen Lane, Mountainburg, Arkansas.
The complaint should be based on only one cause of action for negligence. Name only one defendant in the complaint, the trucking company Gayle Stuart Trucking, Inc., a privately held company incorporated in the State of Missouri, with its principal place of business being 600 North Main Street, Vandalia, Missouri.
We should file the complaint in federal court in Arkansas for the U.S. District Court for the Western District of Arkansas. Jurisdiction in federal court is based on diversity of citizenship. Use the complaint form to assist you in drafting the complaint. You do not need to draft the summons, as the case will be filed in federal court. Use today’s date for the date of the complaint.
