Imagine that you are a paralegal in law firm. You have been tasked with drafting the initial memo regarding the case of a new client to the firm, Ms. Baker. After interviewing Ms. Baker, you learned the following: Ms. Baker, a resident of Connecticut, was on road trip to visit the world’s largest ball of twine in Cawker City, Kansas. When she was driving in Kansas, her car was hit from behind by Ms. Smith, a Kansas resident. Unfortunately, Ms. Baker’s car was totaled, she suffered injuries, emotional distress and lost time from work. Her damages exceeded $75,000. The police determined the accident was wholly the faulty of Ms. Smith.
Draft an office memorandum to your supervising attorney in which you answer the following questions:
• Can this case be filed in federal court? Why? (HINT: See Diversity Jurisdiction)
• Identify and explain the first document that the firm should file in court on behalf of Ms. Baker that will let Ms. Smith know that she is being sued.
• Identify what information should be sought in discovery.
• Identify and explain witnesses that should be called on behalf of Ms. Baker at trial.
• Would ADR be helpful in this case? Why?