Smith, Shayla No. Lm2972013 Dbarnes (2).Docx

Topics: Iowa, Swimming pool, Lifeguard Pages: 17 (5884 words) Published: August 6, 2013
PA299 Associates Capstone in Paralegal Studies
David Barnes
Kaplan University 
April 02, 2013

Table of Contents
I. Post Interview Memorandum (02/12/2013)
II. Case Briefs (02/19/2013)
A. Duggan v. Hallmark Pool Mfg. Co., Inc. 398 N.W.2d 175 (1986) B. Jon Kevan Chown v. USM Corporation (Farrel Company Division) 297 N.W.2d 218 (1980) C. Karen K. Wadle v. Frank W. Jones and City of Des Moines, Iowa 312 N.W.2d 510 (1981) III. Documents

A. Complaint (03/05/2013)
B. Summons (03/12/2013)

IV. Request for Production (03/19/2013)
V. Internal Memorandum of Law (04/02/2013)

To: Attorney Carlin
From: David Barnes
Date: February 19, 2013
Re: Client Interview – Mary Smith (mother of victim) & Shayla Smith (victim)
Mary Smith is seeking to file a lawsuit against Bob and Susan Tuttle for negligent supervision of her minor child, and O&D Campground for negligence on behalf of her daughter Shayla Smith. Evaluation

Before me is Mary Smith, mother of minor victim, and Shayla Smith, minor victim. Mary Smith is a single mother of one child, Shayla Smith and is employed as a cashier. They reside in Maquoketa, Iowa which is located in Jackson County. Shayla Smith is a ten (10) year old, Caucasian female, 5’0”, weighing approximately 110 lbs. She is dyslexic and has behavioral problems in school. Shayla Smith currently has a broken arm which is in a cast. Mary Smith seems very anxious to receive a high settlement from the possible opposing litigants, Bob and Susan Tuttle and O&D Campground. Mary Smith appeared unprepared and did not bring any documentation of the doctor’s assessment of Shayla’s injury, doctor bills, or any additional documentation as to the nature of the incident. Facts

Shayla Smith went on vacation on with Bob, Susan, and their daughter Tamara Tuttle to a campground, which is owned and operated by Owen and Dolly Jones, going by the business name O&D Campground which is located in rural Jackson County on County highway 64. The campground contains a sand pool and the pool has no life guard or diving boards, is fed by an artesian well, and the water is clean but murky. There are no barriers or fence surrounding the pool and access is not restricted. On the first day of their stay, Shayla and Tamara went to the pool at approximately 9:30 am. The pool does not open until 10:00 am according to the entrance sign. Tamara entered the pool first and yelled to Shayla that the pool was shallow but warm. Shayla did not hear what Tamara said dove into the pool, hitting the bottom of the pool, and broke her arm. Tamara pulled Shayla to the side of the pool and yelled for help. Bob and Susan Tuttle came out to the pool, saw Shayla’s injury, and called an ambulance. The owners of O&D Campground, Owen and Dolly Jones, were not on the premises when the incident took place. Upon arriving to the campground, Owen and Dolly Jones went to the pool and saw what had happened to Shayla Smith. Owen and Dolly Jones asked if an ambulance had been called and then asked the girls what had occurred. Susan Tuttle approached Dolly Jones and inquired as to why the pool was not marked with signs indicating that the pool was shallow. Dolly Jones responded that the signs are put out every morning when they officially open the pool at 10:00 am. Conclusion/Recommendations/Additional Information Needed

Though it is questionable as to whether Mary and Shayla Smith have a sustainable case against Bob and Susan Tuttle for negligent supervision, Mary and Shayla may have a viable case against O&D Campground for negligence with attachment of the Attractive Nuisance Doctrine due to the lack of caution taken to safeguard from this type of incident occurring at a family campground where the reasonable assumption should be made that there are going to...
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