CRITICAL THINKING PROJECT 1
You are an attorney practicing law in Prince George’s County, Maryland. A potential
client who lives in Montgomery County contacts you about a situation she confronts. The basic
facts are that this person, Mary, says that she was getting ready to make a right turn on red at the
intersection of Metzerott Road and University Boulevard in Prince George’s County, Maryland
to head West on University Boulevard towards Silver Spring, Maryland in Montgomery County.
When she stopped, she looked to her left and saw a vehicle in the distance but judged that she
had time to make the turn. She had her classmate Charlie in her car with her. When she made
the turn, it appeared that the on coming vehicle, operated by Tom, accelerated apparently trying
to beat the amber light at the intersection. A collision occurred to the rear of Mary’s vehicle.
The impact was so great that her vehicle was pushed across the two lanes to her left hitting
another vehicle that was going in the westbound direction. Mary’s vehicle hit a tree. She was
severely injured and taken to shock trauma in Baltimore by helicopter. Her passenger Charlie
was also severely injured.
Mary had medical bills of $25,000, lost wages of $20,000 and a 20% permanent
disability due to a rotor cuff tear and surgery to her right shoulder. Charlie had medical bills of
$15,000. He missed two weeks of work and lost about $5,000 in lost wages. He continues to be
afraid to be a passenger in anyone’s vehicle. He still complains of a pain in his neck. They both
had scarring from where they received stitches. Charlie walks with a limp and hurts on days that
are cold. Mary is fearful of driving. Mary’s 2015 Ford Explorer that she had just bought for
$42,000 was totaled. Both had to withdraw from their classes at UMUC.
The defendant Tom, the one who hit Mary, was determined to have been intoxicated. It
could not be determined whether he was speeding or whether he ran a red light. Under
Maryland law he would have enjoyed the right a way.
Analyze these facts. Respond to me as if you were responding to both Mary and Charlie
as to what causes of action, if any, they have against the defendant Tom. Compare and contrast
what the out come might be if Maryland was a comparative negligence state instead of one that
still has contributory negligence as a defense in a case like this. What would be the proper
jurisdiction and venue for any law suit? What type of case is this? What are the elements that
must be proved? What defenses does the defendant possibly have? What damages, if any, are
Mary and Charlie entitled to. What damages, if any, would Tom be entitled to? How are they
determined. Is Charlie’s situation different than Mary’s. THINK
|Due By (Pacific Time)||11/12/2015 12:00 am|
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