Section B Professor Harlin
Legal Research and Writing, Fall 2003 WRITING ASSIGNMENT NO. 1, CLOSED MEMORANDUM Assignment Instructions
1. Draft an office memorandum pursuant to the instructions contained in the attached memorandum. Use the memorandum format discussed in class, including: (1) Heading (2) Issues (3) Brief Answer (4) Statement of Facts (5) Discussion (6) Conclusion 2. You may not conduct research of any kind on this assignment. The three assigned cases are posted on the Class Page on TWEN under “Present Assignments.” You may also photocopy hard copies of the cases on reserve at the library circulation desk. You may cite and discuss only the three assigned cases in this assignment. 3. Your memorandum must not exceed five pages. The minimum type font size is twelve-point type in Times New Roman. Your paper must be double-spaced and have one inch margins on all sides. Consult the Course “Rules and Regulations” and “Fall 2003 Closed Memo Assignment Guidelines” posted on the Class Page on TWEN for other specific format requirements. 4. Insert your Name, Section Number, and the name of your assigned TA after the "From:" in the Heading. Direct your memorandum to the attorney who wrote the attached instruction memorandum. 5. You must turn in your memorandum at or before 8:00 a.m., Monday, September 22, 2003, to the Faculty Secretaries on the third floor of the law school. The Faculty Secretaries will open their office at 7:00 a.m. that morning and will time stamp your memorandum when you turn it in. You may also turn in your memorandum at the library circulation desk on September 20 or 21 during normal library hours. Keep a copy of your assignment for future reference. 6. In case of an emergency, please call me on my cell phone at 310-497-2928 and leave a message with a call back number. Do not send an email, because I will not be checking my email regularly.
CUPP, LEVINE, POPOVICH, WENDEL & WESTON INTEROFFICE MEMORAND UM To: Fr: Re: Date: Associate Vinny Pacheco File No. 092065 – Andrew Calkins v. San Bernardino Stock Show, Inc. September 12, 2003
This morning, I received a call from Andrew Calkins. Mr. Calkins has asked us to represent him in a potential lawsuit against the San Bernardino Stock Show, Inc. This company organizes the annual San Bernardino Stock Show, which is traditionally held on Memorial Day. Mr. Calkins’ daughter was severely injured at the stock show this year. Mr. Calkins is still so upset that he is unable to discuss the matter in much detail. But from what I gather, he was vacationing in San Bernardino, California over the Memorial Day weekend with his six-year-old daughter Cathleen. As part of the weekend festivities, Mr. Calkins took Cathleen to the stock show. Mutton busting is a popular event at the stock show. This event gives children in the audience an opportunity to participate in the rodeo by riding a wild sheep. The stock show outfits its sheep with miniature saddles. The saddled sheep are then herded, one at a time, into a small pen, where the rodeo workers place a child aboard the sheep. The workers open the chute and the sheep charges out with the child aboard. Much like bull riding, the children must stay aboard the sheep for a prescribed period of time – in this instance, four seconds. Six-year-old Cathleen eagerly volunteered to participate in the mutton busting event. Her ride ended tragically, however. The sheep ran behind a piece set in the arena, threw off Cathleen, and then trampled her. To this day, she remains in intensive care. Mr. Calkins was seated in the stock show audience when the accident occurred. He would like to sue the San Bernardino
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Stock Show. He sent the attached documents, which provide more detail about the accident. We need to tell Mr. Calkins whether he may sue the San Bernardino Stock Show, Inc. I would like you to focus on the negligent infliction of emotional distress action. Another associate has determined that the following cases are relevant to this action: Bird v. Sanz, 28 Cal. 4th 910 (2002). Fife v. Astenius, 232 Cal. App. 3d 1090 (1991). Wilks v. Hom, 2 Cal. App. 4th 1264 (1992). Using these cases, please determine whether Mr. Calkins’ claim for negligent infliction of emotional distress is viable. I am satisfied that Mr. Calkins suffered severe emotional distress as a result of the incident, so do not address that aspect of the claim. You should assume that Cathleen Calkins’ underlying negligence action is valid. You should also assume that California law governs this action, and that we will proceed in California state court. Mr. Calkins has requested that we give him an answer by September 22, 2003. Consequently, I need your memo by no later than 8:00 a.m. on Monday, September 22, 2003. Thanks in advance for your help.
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San Bernardino Stock Show, Inc.
Mutton Busting Information
What is Mutton Busting? Kids riding wild sheep. How is it judged? Volunteers form the audience will be selected to judge the participants for their 4 second ride. Each night’s winner will be entered into the Mutton Busting Championship Tournament to be held during the Champions of the West show in Riverside, California on September 12, 2003. When is the competition? The San Bernardino Stock Show will hold its mutton busting competition on May 31, 2003. What about saddles? This year, the San Bernardino Stock Show will use small saddles during the Mutton Busting event. Who can enter? Mutton Busting is open to any child between the ages of 5 & 6 and not weighing more then 50 pounds.
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San Bernardino Stock Show, Inc.
3803 Cowgirl Drive San Bernardino, California 90210 (909) 367 - 2350 (ph) (909) 367 - 2351 (fax)
EMERGENCY MEDICAL TEAM (EMT) INCIDENT REPORT Date of incident: Location of incident: 5/31/03 Rodeo Arena – San Bernardino County Fairgrounds
Summary of medical report: EMT arrived 11:13 a.m. to find female child lying on ground in rodeo arena. As EMT arrived, hysterical adult male ran toward child, knelt and cradled child’s head. Adult man pulled away from child and treated on scene for shock. EMT personnel observed child’s arm twisted behind torso; forearm appeared fractured; contusions on head, torso. Child treated on scene for shock, bleeding. EMT transferred child to stretcher. Transmitted via Park ambulance at 11:20 a.m. to San Bernardino Hospital. Adult male identified self as Andrew Calkins, father of child, Cathleen Calkins, 6. Accompanied child in ambulance to hospital. Arrived hospital 11:24 a.m. Name of EMT reporter: Scott Cordner, EMT Paramedic Supervisor
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San Bernardino Hospital
Summary of Services Provided
(This is not a request for payment)
Patient’ s name: Cathleen Calkins
Date of Birth: 8/8/96
Name of parent/guardian: Andrew Calkins Relationship to patient: father Insurance carrier: Blue Cross Policy No.: 234567 Insurance Group: X124
Was patient admitted? Y. If so, date of admission: 5/31/03 Treatment summary: Severe head trauma and spinal cord injuries apparently caused by sudden impact w/ground when child fell off sheep. Patient remains in intensive care. Multiple fractures of right forearm and wrist. Multiple contusions, bruising. Child was weighed at 45 pounds.
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San Bernardino Hospital
Summary of Services Provided
(This is not a request for payment)
Patient’ s name: Andrew Calkins Name of parent/guardian: N/A Relationship to patient: N/A
Date of Birth: 10/6/65
Insurance carrier: Blue Cross Insurance Group: 3143 Was patient admitted? N. If so, date of admission: N/A
Policy No.: 76543
Treatment summary: Emergency room treatment for shock from witnessing child’s injury at San Bernardino stock show. Released. Advised to consult private physician if symptoms of headache and back pain persist.
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San Bernardo Stock Show, Inc. 3803 Cowgirl Drive San Bernardino, California 90210 (909) 367 - 2350 (ph) (909) 367 - 2351 (fax)
SECURITY REPORT Security Officer: Charles Nelson, Security Supervisor 5/31/03 Date of security report: 5/31/03
Date of security incident:
Location of incident: Rodeo Arena – San Bernardino County Fairgrounds Summary of security incident: 6-yr old child fell off sheep and was dragged several yards when her foot was caught in the stirrup. Older male hysterical at scene. Both treated by EMT at scene, then transported to San Bernardino Hospital by Park EMT. Witness statements: Jennifer Ganda, 34. Rodeo Clown/Organizer of Mutton Busting Event. Loaded child named Cathleen onto sheep at around 11:00 AM. Sheep was equipped with small, child-sized saddle. Secured child’s feet into stirrups. The sheep charged out of the chute (which is located east end of the arena). Diagram attached. I jogged alongside the sheep as it made its way north and west. Near the northwestern portion/corner of arena, the sheep ran behind a set piece (a large playhouse that was used to house other animals) that is roughly 10 feet high X 30 feet wide X 10 feet deep. While behind the playhouse, child fell off. Child’s right foot remained attached to the stirrup. Child was dragged on the ground as the sheep continued to run. Sheep repeatedly stepped on the child’s arms and torso. Child was dragged for roughly 20 feet. Then her right foot worked its way loose, and she came to a stop. Child was still behind the playhouse at this point. The sheep continued to run around the arena. Immediately radioed security and emergency medical team. Ran to child, who was screaming, bloody and arm twisted behind her. Sharon Wright, 38. Rodeo Clown. Was present on the southern portion of the arena as Jennifer Ganda loaded child named Cathleen onto the sheep. Saw the sheep charged out of the chute and run behind the playhouse. A few seconds later, saw the sheep emerge from the other side of the playhouse with no child aboard. Heard audience members laugh. A few seconds later, however, I heard people screaming. One older male audience member broke away from the audience near me, screaming that he had heard his daughter yell “Help! Daddy!” and that she was no longer on the sheep. He could not be calmed and he ran toward the playhouse located at the northeastern portion of the rodeo arena. Diagram Attached. Jointly completed by Wright and Ganda.
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Anne Seltman, M.D., Ph.D.
1926 Camden Avenue Suite 100 Beverly Hills, California 90210 (310) 474-0650
Patient Name: DOB: Insurance: Insurance Group: Policy No.: June 3, 2003.
Andrew Calkins 10/7/65 Blue Cross 3143 76543
June 10, 2003
$250 Initial visit. Patient complains of sleeplessness, headaches, upper back pains, possibly related to anxiety and depression from witnessing daughter being thrown from sheep while in patient’s care. Patient reported hearing daughter shout “Help daddy!” while child was riding a sheep in a rodeo. Child was behind set piece, which was located 400 feet from Mr. Calkins’ seat in the rodeo arena. Patient did not see the accident, but he heard the child screaming and immediately thought something was wrong. He became very concerned a few seconds later, when the child did not appear from behind the set piece. Patient did not reach daughter until a few moments later, when he made his way through spectators and ran into the rodeo arena, following the child’s screams. Feelings of guilt. Prescriptions for back pain and sleep disorder. $250 Patient continues to complain of acute back pain, anxiety and sleeplessness. Renewed prescriptions for back pain and sleep disorder in increased dosage. Prescribed massage. $250 Continued back pain, anxiety and trouble sleeping. Renewed prescriptions for back pain and sleep disorder. Prescribed daily massage. $250 Renewed prescriptions for back pain and sleep disorder and daily massage. $250 All symptoms persist.
June 17, 2003
June 24, 2003 July 10, 2003
August 10, 2003 $250 All symptoms persist.
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