This lawsuit arises out of a traffic accident that occurred on December 23, Year -2, in the pedestrian crosswalk at the intersection of Seventh Street and Smith Avenue in Nita City, Nita. The plaintiff, Helen Darngood, was struck by a Picket Up Delivery Services van driven by the defendant, Mel Landers. A negligence action has been brought by Helen Darngood against Mel Landers and Picket Up Delivery Services.
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This lawsuit arises out of a traffic accident that occurred on December 23, Year -2, in the pedestrian crosswalk at the intersection of Seventh Street and Smith Avenue in Nita City, Nita. The plaintiff, Helen Darngood, was struck by a Picket Up Delivery Services van driven by the defendant, Mel Landers. A negligence action has been brought by Helen Darngood against Mel Landers and Picket Up Delivery Services. Darngood's husband, children, and former company are not parties to this lawsuit. All parties agree that Mel Landers was acting in the scope of Landers's duties while working for Picket Up Delivery Services at the time of the accident. Darngood alleges that Landers was negligent as the driver of the Picket Up Delivery Services van and that Landers did not drive as an ordinary, careful, and prudent person would drive under the circumstances. Darngood alleges that Landers drove the Picket Up Delivery Services van negligently into a crosswalk, striking Darngood and causing her severe injuries. Landers and Picket Up Delivery Services deny negligence. They claim that the vehicle driven by Landers entered the intersection on a yellow light, that the vehicle proceeded through the intersection as permitted by law, and that Darngood was 100 percent contributorily negligent in that she crossed negligently in front of the van. Thus, Landers as the driver of the delivery vehicle is not liable for negligence nor is Picket Up Delivery Services liable under the doctrine of respondeat superior. Darngood, at the time of the accident, was the President and CEO of Darngood Electronics, earning an annual salary of $200,000. At the time of this lawsuit Darngood cannot work and has resigned from the company. Darngood does not remember the accident or the time immediately following while she was in rehabilitation.
Directions for Determining Dates, Ages, and Applicable Law
Procedural and Factual History
Party and Witness Affidavits
Exhibits and Documents
Map of West Hampton, Red Oak, and Surrounding Suburbs
Detailed Timeline of Significant Dates
Letter from Marty Allen to Jillian Baines with Attached Employment Agreement
Letter of Resignation from Jillian Baines to Marty Allen
Letter from Marty Allen to Jillian Baines
Letter from Dr. Pierce Marshall to Marty Allen
Letter from Marty Allen to Jillian Baines
Letter from Jillian Baines to Marty Allen
Temporary Restraining Order Materials
Notice of Motion and Motion for Temporary Restraining Order
Proposed Findings of Fact, Conclusions of Law, and Temporary Restraining Order
Plaintiff's Memorandum of Law in Support of Motion for Temporary Restraining Order
Defendant's Memorandum of Law in Opposition to Plaintiff's Motion for Temporary Restraining Order
Marty Allen with Attachment (Financial Statement)
Affidavit of Jillian Baines with Attachment (Letter from Scott Westerberg)
Appendix A: Directions
Appendix B: Memo to Senior Partner--Preliminary Legal and Strategic Analysis--for Employer
Appendix C: Memo to Senior Partner--Preliminary Legal and Strategic Analysis--for Employee
Appendix D: Summary of Cases Cited
Planning Guide and Checklist
John O. Sonsteng joined the William Mitchell College of Law faculty in 1979 and immediately began working on the college's trial advocacy and other skills courses. With colleague Roger Haydock, he created more than fifty trial skills videotapes and manuals for the National Institute of Trial Advocacy (NITA) and developed the college's lawyering, advocacy and practicum classes. He received his B.A. and J.D. degrees from the University of Minnesota. Professor Sonsteng has played an active role in NITA, serving as a faculty member since 1974, regional director since 1989, and facilitating more than one hundred training sessions for the organization. He is a member of NITA's Program Director's Advisory Committee. His commitment to educating law students and lawyers was recognized by NITA with the 2007 Honorable Prentice H. Marshall Faculty Award. He was the first recipient of the "Advocate" award from the Minnesota State Bar Association for outstanding achievement and contribution to the bar. The National College of Trial Lawyers honored Sonsteng with the Emil Gumpert Award for excellence in teaching trial advocacy. Sonsteng created the NITA's first online Effective Advocate Training Program and recently published the Practicum Series Advocacy Exercises, with NITA, based on the materials he designed for William Mitchell Legal Practicum courses. He co-created William Mitchell's hands-on Business Practice and General Practice Legal Practicum courses and has taught advanced advocacy, criminal law and criminal procedure during his thirty years at William Mitchell. He was recently named director of international programs and is working with students, faculty, and alumni on codifying and expanding Mitchell's international opportunities. Professor Sonsteng was a Fulbright Lecturer in Aberdeen, Scotland and a City Solicitors Education Trust Visiting Professor in Litigation Advocacy at England's Nottingham Law School. He lectures frequently for the Labor Arbitration Institute throughout the United States. He has taught advocacy skills throughout the United States, Canada, Ireland, Northern Ireland, Scotland, Wales, Singapore and Turkey. He has trained lawyers in effective advocacy skills in law firms and companies. Before joining the Mitchell faculty, he served as the elected Dakota County attorney and prior to that was an assistant Hennepin County attorney. He was the president of the Minnesota County Attorney's Association and served on the board of the National District Attorney's Association. He also has served on many public and private boards. In 2010, Sonsteng was named the recipient of the John J. McAulay Legal Educator Award, by the Phi Alpha Delta Law Fraternity, International. The prestigious annual award recognizes an educator whose contribution to legal education epitomizes the fraternity's ideal of a lifetime of dedication to the principles of integrity, compassion, courage, and professional service.
Linda Thorstad has been the administrative coordinator for the business practicum at William Mitchell College of Law since it began in the spring of 2008. She joined the school in 1996 as a faculty publication specialist. Working with John Sonsteng, a professor at Mitchell, Thorstad began co-authoring and developing practicum exercises for the legal practicum and advanced advocacy courses. Again working together, they have since developed and designed the Legal Practicum: Business Practice course and materials. Before joining Mitchell, Thorstad worded as a newspaper advertising representative, a small business owner, a real estate broker, editorial assistant, geography instructor and author. She continues to be a free-lance writer. Thorstad has a B.S. in geography from St. Cloud State University, Minnesota; a M.S. in geography from Western Washington University, Bellingham, Washington; and a Ph.D. in cultural geography and American history from Louisiana State University.
Jennifer W. Miller
Jennifer Miller has been part of the Legal Practice Center for over 10 years. She administers the Legal Practicum: General Practice course, the Advanced Advocacy course, and the Mitchell in London program. Prior to coming to work at William Mitchell, Jennifer worked as an administrative assistant at a law firm, an acute medical center, and a television station. Jennifer received her Bachelor of Arts degree in English from the University of Missouri, Columbia.
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