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Facts related to elements of action: Mrs. Forrester was putting mail in her mailbox on a cold windy day. Mr.
Hart was driving in his Mercury Parcel Service Van delivering express packages. Mr. Hart saw Mrs. Forrester
step in to the road and tried to stop his vehicle by pressing down on his brakes, but his van would not stop. Mr.
Hart then hit Mrs. Forrester and pinned her against a tree. Mrs. Forrester received head trauma along with
potential lifelong injuries. She has to have help every day with everything, at this point she still needs help
going to the restroom and bathing.
Facts related to possible defense: Mr. Hart claims that his vans brakes were not working and did not know of the
last service date. He claims the company he works for is responsible for maintaining the work vehicle.
Witnesses: Mr. Forrester saw the accident unfold and is asking for compensation for the emotional distress.
Summary of injury and treatment to date: Mrs. Forrester has to have physical therapy every day along with help
completing life everyday activities, such as using the restroom and bathing. She is unable able to care for herself
or her family as she once did. She is in a lot of pain and sometimes misses her childrens activities. She has
become very depressed and has to see a therapist three times a week.