Thursday, November 03, 2005

Why I haven't masturbated in 4 days...

BEHOLD, THE LEGAL MEMO THAT CONTROLS MY LIFE...

Subject: Recovery for wrongful death of a fetus
To: Senior Attorney Schatz
From: Associate Cornelius
Date: November 2, 2005

FACTS: On February 10, 2004, Ms. John Doe’s vehicle was involved in an accident when David Smith drove his vehicle through a red light. Ms. Doe was seven months pregnant and only receive minor scratches and bruises although her car was totaled. Five days after the accident, Ms. Doe delivered a stillborn infant, which doctors concluded had died from injuries incurred in the accident.

QUESTION PRESENTED: Can our client, Ms. Doe, collect from Mr. Smith for the wrongful death of her infant. Wrongful death as defined under Washington, D.C. code in the case of Greater Southeast Community Hospital, APPELANT v. Maxine Williams, As Administratrix of the Estate of Baby Boy Williams, APPELLEE (482 A.2d 394; 1984 D.C. App. LEXIS 495) as “A death caused by the negligent, willful, or wrongful act, neglect, omission, or default of another.”

CONCLUSION: Doe has a strong case in proving Smith is liable for wrongful death, using Greater Southeast Community Hospital v. Maxine Williams as precedent. He did cause a death that was the result of negligence on his part. The muddy area of this case will be whether the defense will argue if Doe’s child should be considered an infant or a fetus. In D.C. Code § 12-101 (1981), it states that Ms. Doe’s child is indeed defined as a person; therefore Washington, D.C. decided to “adopt the Bonbrest rationale as the law of this jurisdiction and recognize the right to be free of tortuous injury.” This decision is in our favor if the defense tries to argue that the child was a fetus, therefore cannot have the same laws applied to them that infants are afforded. It is decided to codify into D.C. law the definition of fetus and infant defined in Bonbrest v. Kotz, (65 F. Supp. 138 D.D.C. 1946).

APPLICABLE STATUTES

D.C. Code § 12-101 (1981) Definition: “Fetus”; “Person”

(1) Having determined that a fetus is a "person" under the common law with the right to be free of non-fatal tortuous injury.
(2) Modern courts have given legal meaning to the word "person" by holding that a “person” has a cause of action for prenatal injury.

DC ST § 12-310 (1981) Definition: “Wrongful Death”

(1) A death caused by the negligent, willful, or wrongful act, neglect, omission or default of another.

APPLICABLE CASES

Greater Southeast Community Hospital, APPELANT v. Maxine Williams, As Administratrix of the Estate of Baby Boy Williams, APPELLEE (482 A.2d 394; 1984 D.C. App. LEXIS 495): Relevant because it involves a case where a mother sued a hospital for injuries that caused her to deliver a stillborn. Court ruled in her favor

Bonbrest v. Kotz, (65 F. Supp. 138 D.D.C. 1946). : Relevant because it is the case that the DC Code based its definition of what constitutes “Person” legally.

DISCUSSION

Ms. John Doe’s wrongful death suit against Mr. David Smith is based on negligence shown on the part of Mr. Smith. He has committed the act of wrongful death DC ST § 12-310 (1981) and should be liable to Ms. Doe for any and all damages incurred. By showing Mr. Smith was the genesis of a death by….neglect, we have satisfied all torts necessary to prove our case in regards to the wrongful death of Ms. Doe’s infant. In today’s climate, the issue surrounding when does a fetus become an infant and when is that infant extended the rights and protections of all citizens, we can challenge any of the defense’s idea that Ms. Doe’s child is not legally considered a person and therefore the severity of the case should be lessened. DC ST § 12-310 (1981)

Legal writing is my anti-drug.
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- So my 5th year High School Drink-a-palooza is Saturday November, 26....It's being held at MCFADDEN's!!!! I want all you dykes, fags and sodomites to come out for it. It's open to the public and I need to get some heads in to represent / punch the pregnant bitches in the stomach with me.

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