Tina Toonice and Amy hardluck were together in Tina’s car . It was about 9:30 pm on a Saturday night in North Buffalo.
Tina had just picked up Amy and they were southbound on Elmwood Avenue near the WIVB-Channel 4 TV station. the girls were stopped at a light and both had their seatbelts .
Without warning, Tina’s car was struck from behind by a car driven by Lorie Loser .
It was a heavy impact which resulted in the total loss of Tina’s white 2002 Honda Civic.
Immediately after the impact, Lorie backed up her older model Ford Taurus and attempted to flee the scene. She tried to steer into a nearby shopping plaza, but her car got stuck on the curb when one of her tires blew.
The Buffalo Police were called and quickly responded to the scene of the accident. Lorie, it turns out, was very intoxicated and was given a number of traffic tickets, including a ticked for DWI.
Tina and Amy were shaken up and a little sore but did not feel, at that point, that they were seriously injured. Later that night, Amy began to experience sharp low back pain into her right leg. Amy was unable to return to her job as manager of a Burrito and taco business on Hertel Avenue. She eventually, after an MRI, learned that she had three herniated discs in her low back and she had fusion surgery. This left a permanent scar and permanent limitations and restrictions. Her surgeon says she has 35% loss of use of range of motion in her lumbar spine and a permanent 30% loss of use of her lumbar spine. She should not bend or lift any more than 10 lbs and she should avoid repetitive bending or twisting.
Amy is trying to return to college, attending ECC’s Paralegal studies Program. IT is now two years post accident and she still has not been able to go to her job or resume all of her activities of daily living.
Here is the assignment :
Analyze the facts.
Prepare a law office Memorandum
On liability , what New york statues apply to the happening of the accident ?
(hint : What vehicle and traffic violations may Lorie Loser be charged with?)
Was Tina at all responsible?
Does Amy have a qualifying serious injury? What New York statute applies?
In your legal memo, cite any applicable statutes and cases in the annotations to those statues . I’m especially interested in court of appeals or Appellate Division Fourth department cases.
Finally, shepardize or keycite those cases which deal with the issue of “serious injury “ to be sure it is still good law. Attach your Shepard’s Key cite list.
In your memo you should clearly state the legal issues or questions presented; summarize the fact ; specify what statutes may apply , discuss your legal research and give me your conclusions. Be sure to comment on Damages, try to find some other motor vehicle accident cases where the plaintiff had similar injuries. What damages awards did they receive.
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