USF Law Summons and Complaint Negligence and Failure of Duty Paper – Description
A lawsuit begins when the person bringing the suit files a complaint. This first step begins what is known as the pleadings stage of the suit. Pleadings are certain formal documents filed with the court that state the parties’ basic positions. Common pre-trial pleadings include:
Complaint(or petition or bill). Probably the most important pleading in a civil case, since by setting out the plaintiff’s version of the facts and specifying the damages, it frames the issues of the case. It includes various counts – that is, distinct statements of the plaintiff’s cause of action – highlighting the factual and legal basis of the suit.
Answer. This statement by the defendant usually explains why the plaintiff should not prevail. It may also offer additional facts, or plead an excuse.
Reply. Any party in the case may have to file a reply, which is an answer to new allegations raised in pleadings.
The defendant may file a counterclaim, which asserts that the plaintiff has injured the defendant in some way, and should pay damages. (‘You’re suing me? Well then, I’m suing you.’) It may be filed separately or as part of the answer. If a counterclaim is filed, the plaintiff must be given the opportunity to respond by filing a reply. Pleadings: Complaint and Summons
Assignment:
Prepare a Summons and Complaint for your client.
MY CLIENT CASE:
– Your client, Harold Bennett, was visiting his wife, Janice, at Southwestern Hospital. As he walked down the hall to use the restroom, Harold slipped on a puddle of clear fluid. The fluid had been spilled by a hospital attendant, Kevin Porter, who had gone to get a mop, leaving the spill unattended with no posted notice. Harold broke his hip and is suing the hospital for negligence.
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