Draft a complaint in the Arkansas Bus Collision Case.
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, Roy Saunders, 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. Refer to the sample complaints in Chapter 8 in the course text, including Exhibit 8.9 and Exhibit 8.10. Use the attached 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.
Today’s Date To:
Roy Saunders, 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 one boy who was seriously injured in the collision. The child’s name is Michael Wiley (M.W.) and his parents are Brandon Wiley and Ellen Wiley. The boy, who was sitting in Seat 10A described in the NTSB report, sustained serious injuries, including multiple spinal fractures and a fractured right arm and leg. The boy has sustained 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 boy and his parents are residents of Arkansas and reside at 1510 Willow Tree 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 504 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. See the attached 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