solution

CIVIL LAW & PROCEDURE – FALL 2021 CARL CANINE FACT PATTERN On October 31, 2019, Carl Canine had a Halloween Party and invited many of his friends. There was no rain and it was warm enough, so Carl had the party in his backyard. His house was located on Main Street (123 Main Street) in Brooklyn, New York. Also at the party was Carl’s dog which was a Pit Bull named Bruno. Bruno was on a 8 foot long chain in which one end was a collar around Bruno’s neck, and the other end was attached to the railing of the steps in the backyard. The chain and collar was manufactured by a Michigan Corporation called “Leashes R Us, Inc.”, which has its principal place of business in Michigan. Leashes R Us sells its leashes all over the country, and derives substantial revenue by supplying it’s leashes to pet stores in New York. This particular collar was made for big dogs and was advertised as rust proof. Therefore, Carl would leave the collar outside regardless of the weather. Also at the party was a friend of Carl’s named Laura Lenox, who was a 20 year old college student who lived in the Bronx. As the night went on, Laura had several glasses of “punch” which was actually a mixture of fruit punch and alcohol. Whoever mixed it clearly wanted more alcohol in there than fruit punch. At approximately 11:30 P.M., Laura was talking with Carl and they were standing about 15 feet from Bruno. They began to laugh loudly, and then Laura began to jokingly hit and push Carl. Suddenly, Bruno started to bark and run toward Laura, and Laura started to run away. The collar which was around Bruno’s neck snapped and broke. Bruno continued to bark and run toward Laura and he bit Laura on the leg. Laura continued to run after she was bitten, and ran across the backyard, onto the sidewalk and into the street. Meanwhile, Mr. Homer Smith was driving his car down Main Street right by Carl’s house. Homer was from Georgia and was just in New York visiting a friend. He had never been to New York before that day. He was driving 40 MPH and the speed limit on that street was 25 MPH. As he got near the house, he saw Laura dart out into the street. He slammed on his brakes, however, he was unable to avoid Laura and struck her with his car causing her to be thrown 20 feet in the air. Laura lay on the ground, and 10 minutes later, the police and ambulance arrived. The ambulance took Laura to Brooklyn Hospital. Carl and Homer gave statements to the police. As a result of the accident, Laura had 20 stitches in her leg from the dog bite, and x-rays revealed she suffered a fractured leg from the car accident. At the hospital, blood was taken from Laura and it revealed a blood/alcohol level of .4 which is considered highly intoxicated. It also revealed a small trace of marijuana in her system. The laceration on her leg was stitched up and her leg was placed in a cast. Two weeks later, Laura went to see Dr. Doom, an orthopaedist. Additional x-rays were taken which showed the fracture was healing. Dr. Doom did not believe Laura would need surgery. He also advised Laura that he heard from the Veterinarian who said that the dog did not have rabies. Laura was in the cast for 7 weeks and then started on a program of physical therapy 3 times per week for 3 months. Laura became very fearful of dogs although she has not seen a psychologist. Laura Lenox comes into your Law Office and wants to bring a lawsuit. Using this fact pattern, we will discuss the following issues: Statute of Limitations Jurisdiction Venue Pleadings Discovery

How do I do that ?????

1.Using the Laura Lenox v. Carl Canine fact pattern, please draft a Complaint on behalf of Laura against Carl, Homer Smith, and Leashes R Us.