Summary
The plaintiff, in this case, is Ms. Lope, and the defendant is Mr. Canyon. They were involved in a traffic collision at Camelback Rd. and 35th Ave. Ms. Lope sustained injuries to her neck and back as a result of the collision. The witnesses of the accident it true that it was Mr. Canyon who first lost control and crossed the Camelback Road and 35th Ave intersection when red lights were on. In the process of losing control, he knocked on Ms. Lope, who also appeared to have lost control.
The videos that were captured clearly indicated that Ms. Lope did not lose control but instead tried to dodge Mr. Canyon, who had already lost direction. Another fact is that Mr. Canyon appeared drunk based on his speed of speech. The police officers conducted a breathalyzer to test if Mr. Canyon took alcohol, and for sure, it was proved that he was driving under the alcohol influence, which was a violation of the traffic laws. Ms. Lope had enough evidence to support his claims, including 4 witnesses and camera footage. Lope did not negotiate to reach an agreement, so Ms. Lope decided to proceed with the case to the court for justice to be done.
Ms. Lope did not only get a neck injury but also had her car damaged beyond repair. The police officers that arrived on the scene realized that Ms. Lope could not speak properly; she was mumbling, could not pronounce words properly, and did not have a constant conversation speed. Mr. Canyon was driving at a very high speed of eighty miles per hour, which was based on the video footage that was captured. The police arrived at a conclusion by advising Ms. Lope to sue Mr. Canyon in a court of law for compensation.
Complaint filling
Ms. Lope filed that case 2 days after the accident occurred; then, after one month, the two met in court so that justice could be found. When filing a complaint in civil cases, the plaintiff will typically provide some initial documentation to the court clerk, including the initial pleading and a summons. The clerk will then file the documents and assign a case number (Silberman et al., 2018). The plaintiff’s attorney will also typically file an appearance with the court at this time (Hiroaki, 2017). Therefore, the complaint clearly explained why she sued Mr. Canyon. The reasons for suing Mr. Canyon were clearly mentioned by Ms. Lope, such as driving under alcohol influence over speeding while sleeping at the same time. At this stage, Lope mentioned that Canyon did not follow the road rules by getting to the road through the intersection when the red light was on, thereby knowing Lope’s car. She also added that her light was green, meaning the light permitted her to cross the intersection. Ms. Lope similarly explained the reason why Canyon failed to follow the road signs because he was drunk, deep asleep, and overspeeding.
Summon Service and Sharing of Complaint Copy to Canyon
This stage is essential since it helps Canyon to realize that Ms. Lope has started a case against him so that he can prepare himself to face the court with enough evidence to defend himself. On receiving the complaint from Ms. Lope, he did not admit all the accusations, stating that he was not drunk and that when he was crossing, the lights were never red but instead yellow. Similarly, he denied that he was sleeping and overspeeding.
Response Filling
During this procedure, the court asked the defendant to file a written answer to the plaintiff’s complaint. The answers were to be filed within a certain number of days and must address each of the allegations in the complaint (Silberman et al., 2018). If Mr. Canyon failed to do so, the court might find that the defendant has admitted to those allegations. Within a specified period of time, Canyon was expected to respond to Lope’s complaint of destroying her vehicle by not following the traffic rules and regulations; Mr. Canyon declined all the complaints from Ms. Lope.
Discovery
In civil litigation in the United States, the discovery process is a pre-trial procedure that allows the parties to obtain information from each other about the case. This includes written documents, oral testimony, and physical evidence (Sotak et al., 2017). The discovery process is governed by state, federal, and court rules. The Federal Rules of Civil Procedure (FRCP) are a set of regulations that control proceedings in federal court. The purpose of the discovery process was to allow Canyon and Lope to identify and resolve disputes before trial (Hiroaki, 2017). It also allowed the parties to learn about the other side’s case and to identify potential witnesses and evidence.
Pre-trial Conference
A pre-trial conference is a meeting between the judge and lawyers to discuss a pending trial. This is an important opportunity for the lawyers to discuss the case with the judge and resolve any outstanding issues (Sotak et al., 2017). The goal of a pre-trial conference is to ensure that the trial proceeds smoothly and efficiently. At a pre-trial conference, the judge will typically ask the lawyers about their preparation for trial. The judge advised Ms. Lope and Mr. Canyon to meet and agree on the compensation for Ms. Lope’s injuries, but it could not work because Mr. Canyon denied all the accusations.
Trial
A trial is a hearing before a judge where evidence and testimony are presented in order to decide whether someone is guilty or not guilty of a crime. The plaintiff was the first one to present; at this time, the lawyers from Canyon’s side conducted a close cross-examination of the 4 Lope’s witnesses. Similarly, when Canyon was presenting, Lope’s lawyers were keenly observing the witnesses. Ms. Lope insisted that she wanted compensation following the fact that she could no longer go to work and was financially stressed. Therefore, Mr. Canyon had to pay for her health expenses, as well as the damaged vehicle.
Decision
At this stage, the judge condenses her or his final decision based on the hearing. The judge and the jury decided that Mr. Canyon was guilty of driving while under alcohol influence, overspeeding at eighty miles per hour, sleeping, and crossing the intersection with red lights. The court ruled out that she was liable for the accident cause and was to owe Ms. Lope for being emotionally and financially distressed. Therefore, the ruling was made in favor of the plaintiff, following the damages she incurred and Mr. Canyon’s careless driving; therefore, she had to compensate Lope.
References
Hiroaki, T. (2017). The procedure and character of a civil trial in Ming-Qing China. Null (56), 9-55. Web.
Silberman, L. J., Stein, A. R., & Wolff, T. B. (2018). Civil procedure: Theory and practice. Aspen Publishers.
Sotak, A., Daniels, T. A., Whitaker, A. C., & Reece, A. D. (2017). Civil Procedure: Pre-Trial & Trial. SMU Ann. Tex. Surv., 3, 69.