Case Study

596 WordsMay 13, 20133 Pages
1234 Main St. College Park MD Mary and Charlie 1234 First St. Rockville MD Hello Mary and Charlie, I hope that this letter finds both of you under lifted spirit and on the way to a speedy recovery. The team here at Kaauwai Law is here to help in every way possible and to ensure that the party responsible for your injuries is held accountable. Let me be the first to say that our case will not be an open and shut case based on some of the right of way laws in Maryland, however we believe that the evidence that we will present will be sufficient to prove beyond a reasonable doubt that Mr. John Doe was responsible for all sustained injuries and damages. As I have mentioned our case’s weakness lies in the fact that Maryland gives the right of way to the driver that has the green light. Because we were making a right turn on red, it gives our drunk defendant a leg up. However, we will set to prove in our Personal Injury Case that Mr. Doe was negligent on the day in question. The elements that we will focus on is how through his actions he breached his duty of care. The four elements of duty of care that must exist: 1. Duty – The defendant owed a duty of care to the plaintiff. The basic principle underlying the duty of care is that people are free to act as they please so long as their actions do not infringe on the interests of others. (Evident) 2. Breach – The defendant breached that duty. (Evident) 3. Causation – The defendant’s breach caused the plaintiff’s injury. (Evident) 4. Damages – The plaintiff suffered a legally recognizable injury. (Evident) We believe that the fact Mr. Doe knowing operated a motor vehicle while impaired and under the influence of an intoxicating substance it will tie to our argument that he knowingly and willingly breach his duties spelled out in the elements above. We must continue to recognize that because the

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