South Shore Baseball LLC v DeJesus Case Discussion

South Shore Baseball LLC v DeJesus Case Discussion

Description/Paper Instructions

South Shore Baseball LLC v DeJesus Case Discussion

Juanita DeJesus was seriously injured when hit on the head by a foul ball at a minor league baseball game and sued the stadium operators for negligence and premises liability. The case progressed to the Indiana Supreme Court where the Indianapolis Indians urged the State Supreme Court to dispose of the premises liability and negligence claims in one fell swoop by adopting the so-called Baseball Rule, which provides that:

a ballpark operator that provides screening behind home plate sufficient to meet ordinary demand for protected seating has fulfilled its duty with respect to screening and cannot be subjected to liability for injuries resulting to a spectator by an object leaving the playing field.

Should the Court adopt this clear and unambiguous rule for the national pastime? Does the Court have authority to make such a ruling? How would you decide her negligence claim? [South Shore Baseball, LLC v. DeJesus, 11 N.E.3d 903 (Ind.)]

Civil Law Car Accident Case Discussion

Overview: Imagine that you are a paralegal in law firm. You have been tasked with drafting the initial memo regarding the case of a new client to the firm,

Ms. Baker. After interviewing Ms. Baker, you learned the following: Ms. Baker, a resident of Connecticut, was on road trip to visit the world’s largest ball of twine in Cawker City, Kansas. When she was driving in Kansas, her car was hit from behind by Ms. Smith, a Kansas resident. Unfortunately, Ms. Baker’s car was totaled, she suffered injuries, emotional distress and lost time from work. Her damages exceeded $75,000. The police determined the accident was wholly the faulty of Ms. Smith.

Instructions:

• Use the attached Memo template.

Draft an office memorandum to your supervising attorney in which you answer the following questions:

• Can this case be filed in federal court? Why? (HINT: See Diversity Jurisdiction)
• Identify and explain the first document that the firm should file in court on behalf of Ms. Baker that will let Ms. Smith know that she is being sued.
• Identify what information should be sought in discovery.
• Identify and explain witnesses that should be called on behalf of Ms. Baker at trial.
• Would ADR be helpful in this case? Why?

Requirements:

  Use APA format for non-legal sources such as the textbook. Use Bluebook

citation format for any legal citations.

  Submit a Word document using the Memo template.

  Maximum two pages in length, excluding the Reference page.