Kathy Is Stopped at a Red Light When Her Car

question 32

Essay

Kathy is stopped at a red light when her car is run into from behind by Mike. This occurred at noon on a clear and sunny day on a dry road. Kathy claims a serious back injury and is suing for various forms of damages. There were three witnesses to the accident. With regard to discovery methods, which form of discovery would be most appropriate in each of the following situations? Fully explain.
a. Kathy would like to avoid calling an expert witness to testify as to road and weather conditions at the time of the accident.
b. Kathy would like to determine whether Mike was talking on his cell phone or texting at the time of the accident.
c. Mike would like to see the doctor's reports discussing Kathy's back injury.
d. Both Mike and Kathy would like to get statements from the witnesses.

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Definitions:

Conforming Goods

Products that meet the specifications and standards outlined in a purchase contract including quality, quantity, and other clearly defined characteristics.

Uniform Commercial Code

A set of laws that provide a standardized and comprehensive framework for the regulation of commercial transactions across the United States.

Cure

A breaching party’s right to provide conforming goods when nonconforming goods were initially delivered; subject to a reasonable time test.

Perfect Tender Rule

A legal principle in commercial law that sellers must deliver goods that exactly meet the terms of the contract without any deviation.