LITIGATION CHART Negligence Elements of the Claim
Duty to take reasonable precautions to prevent foreseeable harm from dangers that the premises owner knew about, should have known about, or created.
Sources of Proof
Official representative of International Department Store. Sam Security
Informal Fact Investigation
None
Formal Discovery
Depositions, Interrogatories, Requests to Produce Documents to determine what Sam Security knew about Timothy and the Young Hoods. Also need to determine if Sam created the danger by expelling Timothy from the store. Deposition Deposition
Problematic Areas
Duty owed to protect another from third party’s criminal acts? Was Timothy a foreseeable plaintiff? Was harm to Timothy from Young Hoods foreseeable?
None None Sandy Security None Clarence Confused Interview Timothy Cowling Interview Sandra Cowling
Breach of duty
Sam Security Sandy Security Sarah Sawitall Timothy Cowling Sandra Cowling Clarence Confused
None None Interview Interview Interview None
Need to know if Sam escorted the youths outside the store. What did Sam say out there? Did Timothy try to say anything? What happened just before Sam took the youths to office?
Deposition
Causation
Timothy Cowling Sandra Cowling Sarah Sawitall Clarence Confused Police Officers
Interview Interview Interview None Interview and Police Report Interview and Medical Records Interview and Medical Records Interview Interview and records before and after photos Interviews and records Interviews and records None None Deposition and subpoena for records if necessary Deposition Subpoena if necessary Deposition and subpoena for records if necessary
Argument that the Hoods caused accident by pushing Timothy off of the curb.
Damages
Will Treatum, M.D. I.M. Nutt, M.D. Timothy Cowling Sandra Cowling
Marijuana use and lying to teacher. Previous injury to arm; any residual damage from that?
Any other treating doctors Police officers