Client: Mary Smith
Date of Birth: 5/1/68
Social Security Number: 555-00-444
RE: Personal Injury/Swimming Pool
Mary Smith plaintiff was interviewed in person at the Law Offices of Smith & Clark, 123 Main Street, Albany, New York 12875, on October 5th, 2013. This memorandum was prepared on October 6, 2013. All information was provided by the plaintiff voluntary and was notified that all answers will be kept confidential. The case in point involves Shayla Smith, a ten year old girl who was injured by utilizing the swimming pool at the O&D Campgrounds. The accident occurred on April 30th, 2010 at 9:30 a.m., while Shayla was under the care of Bob & Susan Tuttle. According to a sign posted on the gate entrance the pool officially opened at 10:00 a.m. Mary claims that there were no warning signs indicating the shallowness of the water and the pool had a sand bottom. Shayla dove into the shallow pool she broke her arm. Shayla had to wear a cast for 6-weeks and is undergoing physical therapy to recover from her injuries.
Client Impression: Mary Smith is a concerned mother of her injured child Shayla. Mary is Caucasian with dark brown hair that is shoulder length. She is 5’2”, and weighs approximately 150lbs. Mary was dressed in a black suit for her job as an insurance agency secretary. Mary responded to all questions and was cooperative during the interview. Mary failed to provide any documentation regarding medical bills, etc. that was previously requested. Mary is concerned about the length of the case and mentioned the “large bills” accumulating from Shayla’s accident. Mary is a single parent who doesn’t not receive any financial support from Shayla’s father for her care. Mary Smith does not have medical insurance to pay for the bills resulting from the incident. Mary dressed professional but was flustered. She was articulate but she spoke loudly. Mary appears to be concerned with getting a large pay out resulting from Shayla’s injuries. I think Mary can make a good impression on both a judge and/or a jury. The O & D Campground is owned and operated by Owen and Dolly Jones. The pool had no lifeguard, no fence, and very minimal signs around the pool. The hours of operation sign was located to the side of the pool. The hours started at 10:00 a.m., indicating that Tamara and Shayla went to the pool prior to its opening. Shayla is dyslexia making it difficult for her to read. The sign Tamera’s parent were still asleep when the girls went to the pool providing them with no supervision. Shayla was aware there was a pool at the campground. Shayla and Tamara were not told they couldn’t go to the pool. Mary Smith had communicated with the Tuttle’s prior to the trip, no rules were