Civil Procedure II

Professor Cohen

Spring 1999 (night)

ESSAY


In 1996, in the State of Bliss, Paula Plaintiff sued Dorothy Defendant regarding an intersection accident in which a car driven by Carla Capable but owned by Dorothy Defendant was driven negligently. Paula Plaintiff was a passenger in a car driven by Erica Estrada but owned by Frieda Friendly. Paula suffered significant injuries to her back, neck and arm, as well as total destruction of an expensive computer she had with her. Paula did not sue Capable, Estrada or Friendly, but only sued Defendant, and sued Defendant only for the harm to her back, neck and arm, amounting to what Paula felt was damages worth one hundred thousand dollars. Paula sought a jury trial, and one eventually occurred.

 In discovery, Paula sought signed statements from Defendant, who had obtained such statements, saying she, Paula, couldn't get them herself, but needed them. The trial court denied the statements to her. At trial, Paula showed that she had been injured, but didn't show that Defendant had been negligent. Nevertheless, a jury verdict was rendered for Plaintiff in the amount of two thousand dollars after which Defendant sought judgment as a matter of law, and Plaintiff sought a new trial, or, in the alternative, an increased amount of damages. The trial court denied both motions.

 Thereafter, Paula started a second case against Defendant, in the State of Bliss for harm to the computer, which was worth $5,000.00. Defendant claimed res judicata.