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Case Analysis Mary v. Jane: what motions should be made in Texas Superior Court?

Can there be a Case Analysis formed from this Mary v. Jane?

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Mary v. Jane

Jane, a resident of Arkansas, and Mary, a Texan, are involved in a minor fender-bender in a parking lot in Texarkana, Arkansas. The next day, Mary hires a lawyer to sue Jane. "It's the principle of the thing," she says.

Her lawyer files the suit in Texas Superior Court. "Juries are more generous here in Texas," he tells Mary. "Besides, Jane will never get a change of venue. She lives in Texarkana."

What motions, if any, should Jane's lawyer make on her behalf in Texas Superior Court? What arguments should she make to support her motions?

Solution Preview

Since the damage is minor Mary's case is likely to be thrown out of court.

Automobile accidents are now the source of most personal injury lawsuits. They provide a good example of how this area of law works.

You have a negligence claim if you are injured by a driver who failed to exercise reasonable care, because every driver has a duty to exercise reasonable care any time he or she is on the road. When they breach that duty and an injury results, personal injury law says you can recover certain losses from the person who is at fault.

In USA, this right to recover your losses is limited in part by the no-fault law. That law prevents those with only minor injuries or with minor medical expenses from suing or recovering from the at-fault driver.

The no-fault law requires that each automobile operated on the public streets and highways of USA be covered by insurance (or be self-insured); this required insurance will, at a minimum, without regard to fault, generally pay for that vehicle's driver's or passenger's medical or rehabilitation expenses, up to $25,000.00 or more, if such medical or rehabilitation expenses are incurred within a certain time period from the accident, generally five years. No-fault insurance will also pay for such driver's or passenger's loss of income caused by the accident, up to $400 per week for the first 52 weeks after the accident. However, these expenses and losses paid by insurance generally cannot be recovered in a claim against the other driver even if that other driver negligently caused such expenses or losses.

What can be recovered in a USA auto accident personal injury claim? If you win, a judge or jury awards you money, known as damages, for your injuries. That amount can include compensation for physical pain and suffering and other like non-economic losses. It can also include any medical expenses not paid for by your auto insurance and any loss of income you incur over and above $400 per week for the first 52 weeks as well as any loss of income in the future beyond the first 52 weeks after the accident. In addition, you may receive damages for any physical disfigurement or disability that resulted from your injury.

The money is intended to restore your loss; it is generally not considered as income and is not ...

Solution Summary

The 1498 word, well-cited solution explains the facts in this case by using another case for an example.