Academic Service: Lehuanani Powell
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Academic Service: Lehuanani Powell
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Academic Service: Lehuanani Powell
Reflecting upon my career development and plans for the near future. View

Academic Service: Lehuanani Powell
Here is an assignment of mines that would help me achieve this outcome with my career planning. View

Academic Service: Lehuanani Powell

Assignments: Lehuanani Powell
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Assignments: Lehuanani Powell
week 4 midterm assignment (.docx) 0.02mb

Assignments: Lehuanani Powell
Prof. O, Thank you for your patience, time, and help with this course. I struggled through the first few weeks, and I feel I have improved a little more. View

Assignments: Lehuanani Powell
Learning of all of the above outcomes and utilizing each one has been the most challenging thus far. I will do my best to apply each result and skill I have acquired in my everyday life. I also hope I have made Instructor Hriczko proud of my work. There have been times where my grades weren't that great, and its because I tried to finish my work half asleep from long work hours. I want to thank you for your continued patience and teachings. Happy Holidays. View

Assignments: Lehuanani Powell
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Assignments: Lehuanani Powell
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Assignments: Lehuanani Powell
To: Susan Chase – Managing Partner From: Lehuanani Powell Date: May 13, 2019 Re: Interview Questionnaire I have received and reviewed the email you sent regarding Mrs. Henderson’s possible lawsuit against Office-Mart Inc. According to Mrs. Henderson, she was entering the Office-Mart store in Buffalo, NY, when she slipped two winters ago. Mrs. Henderson claims she suffered from multiple injuries from the incident. Below you will find that I have compiled 20 questions for your upcoming meeting with Mrs. Henderson, to gather more information regarding the claim to help you determine if there is a case to be filed. There will be a brief explanation following the questions asked to justify our reasons for the items. If there any changes that need to be made before scheduling the interview with Mrs. Henderson, please let me know. Interview Questionnaire 1. What was the date of the incident? The exact date will help us determine the claim and make sure it hasn’t exceeded the 3- year Statue of Limitations in the State of NY. Civ.Prac.R. Section 214. 2. Can you recall the weather on the day in question? Give us a better idea of the weather and environment on the day of the incident. 3. Do you know for sure it was black ice that caused you to fall? Your answer will determine if you saw a potential hazard that you could have avoided. 4. Was there anyone around when you fell? If so, did you get any statements? Potential witness statements we need to gather and contact these individuals about the incident. 5. Did you notice if there were cameras outside of the store? With surveillance footage of the incident, we would have a better picture of what happened and what caused you to fall. 6. Were you distracted by anything right before you fell? We need to know if the incident could’ve been caused by a distraction like using your cell phone or talking with someone preventing you from seeing the hazard on the sidewalk. 7. Do you know if the store knew of the potential danger outside of their store? We can determine if the store was negligent with keeping its customers safe. 8. Did you see any warning signs posted? If so, what did the signs say and where were they posted? We need to know if the store knew of the hazardous conditions and ignored them putting their customers at risk of getting hurt. 9. Have you any bad experiences with the staff or products at this store before? This question determines if Mrs. Henderson is acting out toward the store because of a personal vendetta for many reasons she may have. 10. After the accident, did you speak to an employee or manager in the store? If so, what was told to you? Helps to determine if the store admitted fault on the day of the incident. 11. Did you file an accident report with the store or police? We can gather the documents of the incident on said day. 12. Did you take any medications before going to the store that day? This will help us determine if you were under the influence of any substances leaving you incoherent and off balance. 13. Were you transported to the hospital after the incident? This information shows the injury was severe enough to seek professional treatment. 14. Did you need any physical therapy? Physical Therapists reports would give a broader perspective of the severity of your injuries and help us determine the amount to ask for pain and suffering. 15. Were any photos taken of your injuries? We would need to collect any photos of where the injuries were on your body as documented evidence. 16. Did your injuries prevent you from working? Determines the amount we should ask in lost wages. 17. As a result of this incident, what medical expenses have you incurred? Determines the court we will fight this claim in and how much to ask for damages. 18. Have you contacted other attorneys before coming to our firm? This helps to determine if Mrs. Henderson has been turned down by other firms. 19. Are you a part of any claims and lawsuits or have you filed a claim or lawsuit before? The defendant may inquire about your history of legal claims and lawsuits. 20. Who is your medical insurance carrier? Not having any insurance creates a liability risk. We should get enough background information to determine our case after our interview with Mrs. Henderson based on our interview questions.   To: Susan Chase From: Lehuanani Powell Date: May 28, 2019 Re: Bella Henderson Lawsuit Statement of Facts: In January, two years ago, Mrs. Henderson slipped on a patch of “black ice” on the sidewalk fronting the Office-Mart store she was about to enter located at 150 Niagara Falls Blvd. Amherst, NY. Although it snowed that day, the parking lots have been plowed, and sidewalks shoveled. After falling, the store manager came out to assist Mrs. Henderson. She heard him yell to an employee by name saying, “James, I thought I told you to get that salt out here two hours ago!” Mrs. Henderson then filled out an accident report and had never received a copy for herself. Mrs. Henderson sustained a bimalleolar fracture of her right ankle in the result of the accident. The injury was severe enough to require invasive surgery, inserting plates and screws into the right ankle. There are also large medical bills due to the accident, and the orthopedic surgeon is uncertain of what the full extent of her recovery is and if she will ever be 100% of the pre-accident level of her physical health. She continues to suffer from significant pain and has a limited range of motion of her right ankle. Mrs. Henderson has also lost a substantial amount of time from work because of the injuries from the accident. Question Presented: Did Office-Mart, the defendant, have a duty of care to Mrs. Henderson, the plaintiff, and customer, under the New York State Law? Short Answer: Yes. Office-Mart did have a duty of care to Mrs. Henderson as with any other customer coming to the store. They have neglected their duties of taking precautions in keeping their customers safe by salting the sidewalk and displaying caution signs to warn patrons of potential hazards due to cold weather and recent snowfall. Analysis: I found the following cases that would give us an upper hand in winning this case, proving that Office-Mart, Inc, should be held responsible for the damages incurred by Mrs. Henderson. Lenti v. Initial Cleaning Servs. Inc., 52 A.D.3d 288, 860 N.Y.S.2d 42 (2008)- The presence of ice does not establish the negligence of the person(s) maintaining the property. A plaintiff presents evidence from which it may infer that the ice on which he/she slipped was present for an extended period before being discovered and remedied. Robinson v. Trade Link Am., 39 A.D.3d 616, 833 N.Y.S.2d, 243(2007)- The property owner is held liable for a slip-and-fall incident involving snow and ice on the property only when it creates a dangerous condition which causes the accident or has actual or constructive notice thereof. Basso v. Miller, 40 N.Y.2d 233, 386 N.Y.S.2d 564(1976)- In place of the standard law rules of classification of plaintiffs regarding liability, foreseeability should be a measure of accountability. Conclusion: Mrs. Bella Henderson was a patron to Office-Mart, Inc., and was a duty of care from the defendant to keep the property and its surroundings safe from potential hazards such as “black ice.” The lack of specific responsibilities as to salt the sidewalks in cold, snowy weather to prevent slipping or falling harmed the plaintiff. Office-Mart failed in their duty of care by not displaying signs warning patrons of hazards such as slippery sidewalks. The court will find the defendant, Office-Mart, guilty of negligence of their patrons’ safety.   Susan Chase Chase View

Assignments: Lehuanani Powell

MEMO

 

To:       Susan Chase – Managing Partner

From:   Lehuanani Powell

Date:   May 13, 2019

Re:       Interview Questionnaire

 

 

I have received and reviewed the email you sent regarding Mrs. Henderson’s possible lawsuit against Office-Mart Inc. According to Mrs. Henderson, she was entering the Office-Mart store in Buffalo, NY, when she slipped two winters ago. Mrs. Henderson claims she suffered from multiple injuries from the incident. Below you will find that I have compiled 20 questions for your upcoming meeting with Mrs. Henderson, to gather more information regarding the claim to help you determine if there is a case to be filed. There will be a brief explanation following the questions asked to justify our reasons for the items. If there any changes that need to be made before scheduling the interview with Mrs. Henderson, please let me know.

Interview Questionnaire

1. What was the date of the incident?

The exact date will help us determine the claim and make sure it hasn’t exceeded the 3-    year Statue of Limitations in the State of NY. Civ.Prac.R. Section 214.

2. Do you recall the weather on the day in question?

Give us a better idea of the weather and environment on the day of the incident.

3. Do you know for sure it was black ice that caused you to fall?

Your answer will determine if you saw a potential hazard that you could have avoided.

4. Was there anyone around when you fell? If so, did you get any statements?

Potential witness statements we need to gather and contact these individuals about the incident.

5. Did you notice if there were cameras outside of the store?

 With surveillance footage of the incident, we would have a better picture of what happened and what caused you to fall.

6. Were you distracted by anything right before you fell?

We need to know if the incident could’ve been caused by a distraction like using your cell phone or talking with someone preventing you from seeing the hazard on the sidewalk.

7. Do you know if the store knew of the potential danger outside of their store?

We can determine if the store was negligent with keeping its customers safe.

8. Did you see any warning signs posted? If so, what did the signs say and where were they posted?

We need to know if the store knew of the hazardous conditions and ignored them putting their customers at risk of getting hurt.

9. Have you ever had a bad experience with the staff or products at this store before?

This question determines if Mrs. Henderson is acting out toward the store because of a     personal vendetta for many reasons she may have.

10. After the accident, did you speak to an employee or manager in the store? If so,   what was told to you?

Helps to determine if the store admitted fault on the day of the incident.

11. Did you file an accident report with the store or police?

We can gather the documents of the incident on said day.

12. Did you take any medications before going to the store that day?

This will help us determine if you were under the influence of any substances leaving you incoherent and off balance.

13. Were you transported to the hospital after the incident?

This information shows the injury was severe enough to seek professional treatment.

14. Did you need any physical therapy?

Physical Therapists reports would give a broader perspective of the severity of your injuries and help us determine the amount to ask for pain and suffering.

15. Were any photos taken of your injuries?

We would need to collect any photos of where the injuries were on your body as documented evidence.

16. Did your injuries prevent you from working?

Determines the amount we should ask in lost wages.

17. As a result of this incident, what medical expenses have you incurred?

Determines the court we will fight this claim in and how much to ask for damages.

18. Have you contacted other attorneys before coming to our firm?

This helps to determine if Mrs. Henderson has been turned down by other firms.

19. Are you a part of any claims and lawsuits? Have you filed a claim or lawsuit before?

The defendant may inquire about your history of legal claims and lawsuits.

20. Who is your medical insurance carrier?

Not having any insurance creates a liability risk.

We should be able to get enough background information to determine our case after our interview with Mrs. Henderson based on our interview questions.

 

Assignments: Lehuanani Powell

CIVIL COURT OF THE STATE OF NEW YORK

COUNTY OF NEW YORK

                                                                                                File Number: 79-65142

BELLA HENDERSON                                                                      SUMMONS

                                                Plaintiff(s),                                          

                        -against-                                                                      

                                                                                                The basis of the venue designated is:

OFFICE-MART, INC.                                                                       New York City Civil Court

                                                Defendant(s)

 

To the defendant(s) mentioned above:

            You are summoned to appear in the Civil Court of the County of New York City in the State of New York. Send your answer to the complaint set forth by the plaintiff(s) herein. A copy of your answer must be submitted to the address indicated below within TWENTY days after personal delivery of this Summons. If the Summons is not personally delivered to you within the State of New York, then you are allowed THIRTY days after proof of service thereof is filed with the Clerk of this Court within which to appear and answer.

 

Dated, May 23, 2019                                                                          Susan Chase

Office-Mart, Inc.                                                                                 Chase & Hsu, P.C.

150 Niagara Falls Blvd.                                                                      555 Seace Ave.

Amherst, NY  14223                                                                          Buffalo, NY 14223

 

 

NOTE: Failure to file your answer with the Clerk; judgment will set as a default against you.

 

 

Susan Chase

Chase & Hsu, P.C.

555 Seace Ave.

Buffalo, NY 09999

[Chase & Hsu, P.C.]

Bella Henderson                                              )           File No.: 79-65142

                        Plaintiff,                                     )           COMPLAINT FOR DAMAGES

            v.                                                             )

Office-Mart, Inc.                                               )

                        Defendant                                 )

 

Plaintiff alleges:

1. Plaintiff: Bella Henderson is a resident, and an individual of Buffalo, NY.
2. Defendant: Office-Mart, Inc., an office supplies company that has stores throughout the country and one in New York at the time of the complaint.
3. In January, two years ago, Mrs. Henderson was entering the Office-Mart store located at 150 Niagara Falls Boulevard where she claims to have slipped on black ice and fell in front of the store.

Wherefore plaintiff demands judgment against the defendant to pay for medical bills, pain and suffering, and lost wages.

Introduction

In the state of New York, the common-law distinction no longer applies. The premises liability is measured by the single general standards of reasonable care that have been implemented in the usual negligence action. According to the Basso v. Miller, 40 N.Y.2d 233(1976) case, “Black Ice” is a thin layer of ice that is difficult to see and forms on pavement or sidewalks. These conditions are well known to people who live in cold climates. Although a plaintiff may claim the icy status was not apparent, courts hold lack of notice to the presence of “black ice” serve as a motion for summary judgment dismissing the complaint. (Robinson v. Trade Link Am., 39A.D.3d 616, 833 N.Y.S.2d 243 2d Dep’t. 2007)

 

Complaint

In January, two years ago, Mrs. Henderson was entering the Office-Mart store located at 150 Niagara Falls Blvd, Amherst, NY, she had slipped on a patch of ‘black ice’ fronting the store. Earlier that day it had snowed, but since then the streets have been plowed, and the sidewalks shoveled. The store manager went to assist Mrs. Henderson. While helping her up, she heard the manager yell, into the store,” James, I thought I told you to get that salt out here two hours ago!” After Mrs. Henderson got back on her feet, she filled out an accident report with Office-Marts management but never received a copy.

 

 

 

 

Negligence

The Defendant failed to enforce the Office-Mart employees to inspect their surroundings while performing their duties, ensuring the safety of the customers in the store as well as maintain the outer perimeters of the store making sure it was safe which lead to the injuries sustained by the plaintiff.

Damages

In the result of the accident, Mrs. Henderson suffered from a bimalleolar fracture of the right ankle. The ankle fracture required surgery that included inserting metal plates and screws into Mrs. Henderson's right ankle. The extent of Mrs. Henderson’s medical bills is unknown currently, but she has also time from work due to her sustained injuries. Mrs. Henderson is a pediatric nurse at the Women’s and Children’s Hospital of Buffalo, NY. Her treating orthopedic surgeon is uncertain about the full extent of her recovery. Mrs. Henderson continues to suffer from significant pain and has a limited range of motion in her ankle. Her surgeon is unsure if she will be 100% restored to her pre-accident level of physical health. It is possible that Mrs. Henderson will require surgeries in the future. At this time, the plaintiff would like to file a personal injury lawsuit against Office-Mart, Inc.

 

 

Dated the 22^nd day of May 2019

Chase & Hsu, P.C.     

555 Seace Ave.          

Buffalo, NY 09999    

Susan Chase