Dwayne Gretzky, 25, resident of 102 Crescent Drive, Queens, New Washington, an athlete, single and of legal age, sustained a fracture injury on his right arm due to an accident at the Shining Slopes Ski Resort on December 24, 2006. Gretzky incurred the fracture due to his loss of control after he ran over pine tree stumps and fell. There were no warning signs posted that could have prompted him to avoid that particular expert slope. The nature of the injury was a closed fracture on the right arm, including a head concussion.
As an expert skier who was practicing for a Christmas skiing tournament, even with exercising diligence, he was still unable to avoid the tree stumps. His employment as an athlete for the National Sports Commission, he was disqualified from the Christmas tournament, substantially affecting his income and lessening his chances for winning a gold medal in the upcoming Olympics. Due to this, he had to undergo orthopedic treatment in the form of an arm support and cast, sports rehabilitation therapy and medication for the head concussion to subside.
The other skiers who were near the slope, namely, Randolph Birham and Jacquelyn Brooks, assisted Gretzky and called for help from the paramedics at the Ski station. After the paramedics aided him, the Shining Slopes Ski Resort permitted Gretzky to ride in their ambulance to the nearest State hospital but refused to shoulder his medical expenses. II. Investigation A. Investigation Plan To investigate the circumstances of the Gretzky case, Anthony Hawk should: 1. research on the governing laws and the related jurisprudence available;
2.identify potential sources of evidence to support the legal theory of the case; 3. interview the witnesses for official statements and sworn affidavits attesting to the truth of Gretzky’s narrative on the situation; 4. conduct an ocular of the site of the accident; and 5. secure expert opinion on the compliance of the Resort with existing safety regulations; B. Witness Statements Anthony Hawk, in securing evidence on the matter, must refer to the sworn statements of the witnesses, Adolph Birham and Jacquelyn Brooks, who were also present at the site of the accident.
Also, he must: a) obtain copies of the medical certificates to attest to the nature of the injury; b) statements from the National Sports Commission on the loss of earning capacity and disqualification from the Christmas tournament and Olympics; c) photographs of the tree stumps and expert opinion on the potential negligence and tort liability of the Shining Slopes Ski Resort for failure to put warning signs about the tree stumps. C. Investigation Summary From the materials compiled by the paralegal, Anthony Hawk, one can infer that the governing law is the New Washington Ski Safety Act.
Related jurisprudence include the cases of Aster v. White Mountain Resort, 55 N. Wash 756 (1994) and Karen v. High Mountain Pass, 55 N. Wash. 462 (1994). Adolph Birham and Jacquelyn Brooks, as testimonial evidence, swore that there were pine tree stumps at the accident site, and that Gretzky was injured, despite his high skill level as a skier. Attached to the investigation summary would be the medical certificates, National Sports Commission statement, ocular photographs showing the tree stumps and their geographical coordinates, and the opinion of Ski Resort Design Expert Cassandra Ioming on skiing regulations.
III. Complaint COMPLAINT 1. I, Dwayne Gretzky, 25 years old, resident of 102 Crescent Drive, Queens, New Washington, an athlete, single and of legal age, was skiing on an expert slope run at the Shining Slopes Ski Resort on 9:00 am, 24 December, 2006, as practice for a Christmas skiing tournament. 2. As I skied down the end of the run, I ran into a series of pine tree stumps. These tree stumps impeded my acceleration downwards. 3. As a result, I lost control of the skis and collapsed at an injurious angle.
I broke my right arm due to the fall and was unable to use it for various functions. 4. The Shining Slopes Ski Resort did not have warning signs on the expert slope to put the skiers on guard about the tree stumps near the end. 5. Thus, the Shining Slopes Ski Resort must be held liable for my injuries, the medical expenses resulting from the accident, and damages for the anguish suffered, anxiety and loss of earning capacity due to their negligence. SIGNED: DWAYNE GRETZKY, Complainant. ATTY. JOHN GRISHAMS, Counsel
IV. Filing the Lawsuit, Service of Process, & Default Judgments A. Draft correspondence to file the Complaint Law Offices of John Grishams 15th Floor Squires Building, Elm Street Unfriendly, New Washington 00066 FAX 266-6006 February 14, 2007 Via U. S. Mail and Electronic Mail Mr. Dwayne Gretzky 102 Crescent Drive Queens, NW 00069 Re: Possibility of a negligence lawsuit against Shining Slopes Ski Resort for failure to warn about tree stumps and violation of New Washington Ski Safety Act. Dear Mr. Gretzky:
Last January 30, 2007, we had a meeting to discuss the possibility of initiating a lawsuit against the Shining Slopes Ski Resort for the broken arm you suffered due to the December 24, 2006 accident. This opinion to file the Complaint is based on the facts outlined and the applicable law as of this writing. This letter is for your benefit and limited to the facts we discussed earlier. Please feel free to contact my office if any of the facts must be clarified or supplemented with more details. FACTS On December 24, 2006, you were practicing on an expert slope run at Shining Slope Ski Resort.
Going down, you ran over pine tree stumps. Because of this, you lost control and fell, breaking your right arm in the process. The Shining Slope Ski Resort did not post warning signs about the tree stumps. ANSWER From the above, you can sue the Shining Slope Ski Resort based on the governing law and the related cases on the matter. The legal theory you can apply is negligence. You can anchor your complaint on the negligence of the Resort to post warning signs about the tree stumps. Under the governing laws, the Resort has a duty to warn that skiers of the presence of these tree stumps.Sample Essay of 7essays