~
VS. ICl«JTI'IlGJAM:
A CIVIL a:xJRT FILE
An Honors Thesis (HONRS 499)
by
Christine M. Brookbank
-
Dr. Ralph Baker
Ball State University
Muncie, Indiana
April 4, 1992
Graduation Date:
-
May 2, 1992
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The following is a fictitious court file created as a final project
for the Honors College of Ball State University. The purpose of this project
is to show what a civil court file might look like. All names, events, and
situations were created for the sole purpose of this project and have no
relation to any real persons or events. Any similarities to real persons or
events is purely coincidental and accidental.
The author of this court file is not an attorney nor is she
admitted to practice law in the State of Indiana. The following does not
represent binding legal precedent, nor are the findings guaranteed to hold true
in an actual civil dispute. The findings were based on research of a fictional
situation and on an educated guess of how a court would rule in this matter.
I would like to express my thanks to all the people who helped me
with this project. Thanks especially to ~. Ralph Baker of Ball State's
political science department for his help throughout my college career as well
as with this project. Thanks to everyone in the Honors College department for
the opportunity for this learning experience. Special thanks to Dr. Arno
Wittig of the Honors College for his help in my acquiring a job at a law firm
where I received a great amount of knowledge in the area of law. My final
thanks goes to the attorneys and staff of Warner, Wallace, McLaren & Dague for
the invaluable experience I have gained, for the support and advice I received,
and for the use of the law library and computers that made my project easier to
complete.
SUMMONS
Adam Lowell b/n/f Jerry M. Lowell
-.
THE STATE OF INDIANA
and Jerry M. Lowell
DELAWARE CIRCUIT COURT
Muncie. Indiana
Plaintiff
VS.
Cause No. 18COl-9108-CP-356
Robert Knottingham
Defendant
To Defendant
Robert Knott ingham , 4000 South Brant Street, Muncie, Indiana
You have been sued by the person(s) named "Plaintiff" in the Court stated above for
_
47308
Complaint
The nature of the suit. against you is stated in the complaint which is attached to this document. It also states
the demand which the plaintiff has made and wants from you. 1
You must answer the complaint in writing. by you or your attorney. within twenty (20)2 days commencing the
day after you receive this ~:ummons. or a judgment will be entered against you for what the plaintiff has demanded.
If you have a claim for relief against the plaintiff arising from the same transaction or occurence. you must
assert it in your written answer.
The following manner of service of summons is hereby designated:
Date
PERSONAL SERVICE
August 12, 1991
Michelle Hodson
Attorney for Piainti!!
Clerk of the Circuit Court
WHITE & DENNIS
Address
112 East Golf Street
~--------------------.------------------
Muncie, Indiana
47305
(SEAL)
Telephone
(317) 288-6432
1.
If the complaint is not attached. a copy is available for you in the office of the Clerk of said Court.
2.
Or. if this summons is served by registered or certified mail. within twenty-three (23) days.
STATE OF INDIANA
)
) SS:
COUNTY OF DELAWARE )
IN THE DELAWARE COUNIY COURT SYSTEM
1991 TERM
CAUSE NO.:
18COI-9108-CP-356
LDWELL b/nl f JERRY M.
IDWELL AND JERRY M. LOWELL
ADAM
vs.
ROBERT KNOTTINGHAM
Come now the plaintiffs, Adam Lowell blnlf Jerry M. Lowell and
Jerry M. Lowell, by counsel, Michelle Hodson of White & Dennis, and for cause
of action against the defendant say:
1.
That on or about June 15, 1990, at 6:15 p.m., the plaintiffs
were parked at the Muncie Mall parking lot near the entrance of Sears.
2.
That upon returning to their automobile, the defendant's red
Chevrolet pickup truck was parked in the adjacent parking spot.
3.
That the defendant's dog, a Siberian husky mix, was in the bed
of said truck.
4.
That plaintiff Adam Lowell was at that time 14 years of age.
5.
That same plaintiff held out his hand for the dog to sniff.
Upon receiving friendly response to this action, plaintiff Adam Lowell
attempted and did pet such dog.
6.
That without warning or provocation, the defendant's dog did
attack and bite plaintiff Adam Lowell.
7.
That plaintiff Jerry M. Lowell had to forcibly remove the dog
from plaintiff Adam Lowell.
8.
--
That plaintiff Adam Lowell did sustain injury to his right
temple, right hand, and right wrist such that required stitches and subsequent
plastic surgery.
9.,
That the defendant negl igently left an unleashed and vicious
dog in a public place.
10.
That the defendant negligently endangered the public to same
11.
That the plaintiffs incurred medical costs of $5,388.45 as a
vicious dog.
result of said injuries caused by defendant's dog.
~IEREFORE,
plaintiffs demand judgment against the defendant in the
amount to justly compensate them for medical expenses, for pain and suffering
and for all other proper relief.
Respectfully submitted,
Michelle Hodson #14679-18
WHITE & DENNIS
112 East Golf Street
Muncie, Indiana 47305
(317) 288-6432
ATIDRNEYS FOR THE PLAINTIFFS
STATE OF INDIANA
)
) SS:
COUNTY OF DELAWARE)
IN THE DELAWARE COUNTY COURT SYSTEM
1991 TERM
CAUSE NO.:
18COI-9108-CP-356
ADAM LOWELL b/n/f JERRY M.
LOWELL AND JERRY M. LOWELL
vs.
ROBERT KNOTTINGHAM
APPF.ARAH::E Fffi DEFENDANT
Comes now Pat Shields of Moss & Shields and hereby enters his
appearance in this cause for the defendant, Robert Knott ingham , and hereby
certifies that a copy of this appearance has been furnished to Michelle Hodson,
Attorney for the Plaintiffs, 112 East Golf Street, Muncie, Indiana 47305; by
--
United States mail, postage prepaid, this 28th day of August, 1991.
Pat Shields #12345-18
101 East Oak Avenue
MUncie, Indiana 47305
(317) 288-4433
-
STATE OF INDIANA
)
) SS:
COUNTY OF DELAWARE )
IN THE DElAWARE COUNTY COURT SYSTEM
1991 TERM
CAUSE NO.:
18COl-9108-CP-356
ADAM LOWELL b/n/f JERRY M.
lDWELL AND JERRY M. LOWELL
vs.
ROBERT KNOTTINGHAM
m PLAINITFFS' aJoJPLAlNI'
AND AFFIRMATIVE DEFENSES
ANSWER
Comes now the defendant, Robert Knott ingham, by counsel, Pat
Shields of Moss & Shields and for answer to Plaintiffs' Complaint says:
1.
The defendant lacks knowledge or information sufficient to form
a belief as to the truth of the allegations contained in rhetorical paragraph 1
of plaintiffs' Complaint.
2.
The defendant lacks knowledge or information sufficient to form
a belief as to the truth of the allegations contained in rhetorical paragraph 2
of plaintiffs' Complaint.
3.
The defendant admits the material allegations contained in
rhetorical paragraph 3 of plaintiffs' Complaint.
4.
The defendant lacks knowledge or information sufficient to form
a belief as to the truth of the allegations contained in rhetorical paragraph 4
of plaintiffs' Complaint.
5.
The defendant lacks knowledge or information sufficient to form
a belief as to the truth of the allegations contained in rhetorical paragraph 5
of plaintiffs' Complaint.
-
6.
The defendant lacks knowledge or information sufficient to form
a belief as to the truth of the allegations contained in rhetorical paragraph 6
of plaintiffs' Complaint.
7..
The defendant lacks knowledge or information sufficient to form
a belief as to the truth of the allegations contained in rhetorical paragraph 7
of plaintiffs' Complaint.
8.
The defendant lacks knowledge or information sufficient to form
a belief as to the truth of the allegations contained in rhetorical paragraph 8
of plaintiffs' Complaint.
9.
The defendant denies the truth of the allegations contained in
rhetorical paragraph 9 of plaintiffs' Complaint.
10.
The defendant denies the truth of the allegations contained in
rhetorical paragraph 10 of plaintiffs' Complaint.
11.
The defendant lacks knowledge or information sufficient to form
a belief as to the truth of the allegations contained in rhetorical paragraph
11 of plaintiffs' Complaint.
WHEREFORE, the defendant, Robert Knott ingham, respectfully prays this
Court that the plaintiffs take nothing by reason of said Complaint, and for all
other relief which is just and proper in the premises.
By:
~Pa~t~~~ie~1~d-s----#~1~2~34~5~-~1~8------
M)SS & SHIELDS
101 East Oak Avenue
Muncie, Indiana 47305
(317) 282-4433
ATIDRNEYS
--
FOR TIIE DEFENDANT
AFFIRMATIVE DEFENSFS
FIRST DEFENSE
1.
If the plaintiffs sustained any injury or loss by reason of any
allegation or circumstance to be considered or litigated in connection with
Plaintiffs' C<xrrp1aint, the same was proximately caused or contributed to by
reason of plaintiffs' own negligence.
SECOND DEFENSE
1.
If the plaintiffs sustained any injury or loss by reason of any
allegation or circumstance to be considered or litigated in connection with
Plaintiffs' Complaint, the same was proximately caused or contributed to by
-
reason of plaintiffs' own negligence which exceeded fifty percent (50%), and
therefore the plaintiffs should be denied recovery.
1HIRD DEFENSE
1.
If the plaintiffs sustained any injury or loss by reason of any
allegation or circumstance to be considered or litigated in connection with
Plaintiffs' Complaint, the same was proximately caused by factors beyond and
out of the control of this defendant.
FOUR1H DEFENSE
1.
If the plaintiffs sustained any injury or loss by reason of any
allegation or circumstance to be considered or litigated in connection with
Plaintiffs' Complaint, the risk of same had been incurred by the plaintiffs by
reason of plaintiffs' own acts and omissions.
WHEREFORE, the defendant, Robert Knott ingham , respectfully prays this
Court that the plaintiffs take nothing by reason of said Complaint, and for all
-
other relief \>lhich is just and proper in the premises.
By:
--:;:P:-a-t--oS;<h--ields #1234 5-18
101 East Oak Avenue
MUncie, Indiana 47305
(317) 282-4433
ATIDRNEYS FOR DEFENDANT
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing has been forwarded to
Michelle Hodson, Attorney for the Plaintiffs, 112 East Golf Street, Muncie,
Indiana 47305; by United States mail, postage prepaid, this 28th day of August,
1991.
Pat Shields
IN THE DELAWARE COUNTY COURT SYSTEM
STATE OF INDIANA
)
) SS:
COUNTY OF DELAWARE )
1991 TERM
CAUSE NO.:
18COI-9108-CP-356
ADAM LOWELL b/n/f JERRY M.
LOWELL AND JERRY M. LOWELL
vs.
ROBERT KNOTIINGHAM
DafAND Fffi '!RIAL BY JURY
Comes now the defendant, Robert Knott ingham , by counsel Pat Shields
of Moss & Shields, and demands a trial by jury in this matter.
By:
--~P~a-t~S=h~i-e~ld~s---#=1~2=3~4~5-~1~8~---------
101 East Oak Avenue
MUncie, Indiana 47305
(317) 282-4433
ATIDRNEYS FOR DEFENDANT
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing has been forwarded to
Michelle Hodson, Attorney for the Plaintiffs, 112 East Golf Street, Muncie,
Indiana 47305; by United States mail, postage prepaid, this 28th day of August,
1991.
-
Pat Shields
-
IN TI-IE DELAWARE COUNrY COURT SYSTEM
STATE OF INDIANA
)
) SS:
COUNTY OF DElAWARE )
1991 TERM
CAUSE NO.:
18COI-9108-CP-356
ADAM LOWELL b/n/f JERRY M.
IDWELL AND JERRY M. LOWELL
vs.
ROBERT KNOTTINGHAM
lCITCE OF lRIAL
Come now the plaintiffs, Adam Lowell b/n/f Jerry M. Lowell and
Jerry M. Lowell, by counsel, Michelle Hodson of White & Dennis, and comes now
the defendant, Robert Knott ingham , by counsel, Pat Shields of Moss & Shields,
and set this cause for a two (2) day trial by jury conmencing on the
-
of
March
-----'--''---'--''--
, 19 92
,at
9:00
~tL
day
a.m.
Pretrial in this matter will be held no later than forty-five (45)
days prior to trial; discovery will be completed no later than thirty (30) days
prior to trial; and witness and exhibit lists will be completed and submitted
no later than fifteen (15) days prior to trial.
Respectfully submitted,
Michelle Hodson #14679-18
WHITE & DENNIS
112 East Golf Street
Muncie, Indiana 47305
(317) 288-6432
ATIDRNEYS FOR TI-IE PLAINTIFFS
Pat Moss #12345-18
M)SS & SHIELDS
101 East Oak Avenue
Muncie, Indiana 47305
(317) 282-4433
ATIDRNEYS FOR THE DEFENDANT
-
IN TIlE DELAWARE COUNfY COURT SYSTEM
STATE OF INDIANA
)
) SS:
COUNfY OF DELAWARE )
1992 TERM
CAUSE NO.:
18COI-9108-CP-356
LOWELL blnlf JERRY M.
lDWELL AND JERRY M. LOWELL
ADAM
vs.
ROBERT KNOTTINGHAM
PlAINITFFS' EXHIBIT LIS!'
Ccmre now the plaintiffs, Adam Lowell blnlf Jerry M. Lowell and
Jerry M. Lowell, by counsel Michelle Hodson of White & Dennis, and submit to
the Court their list of exhibits which they propose to introduce at the trial
of this cause of action.
-.
1..
All depositions taken in this matter;
2..
Police report of the incident;
3.
All medical records and bills;
4.
School attendance records;
5.
Any other records hereafter discovered.
Respectfully submitted,
Michelle Hodson #14679-18
112 East Golf Street
MUncie, Indiana 47305
(317) 288-6432
ATIDRNEYS FOR 1HE PLAINTIFFS
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing has been forwarded to
Pat Shields, t\ttorney for the Defendant, 101 East Oak Avenue, MUncie, Indiana
47305; by United States mail, postage prepaid, this 14th day of February, 1992.
Michelle Hodson
-
IN 1HE DElAWARE COUNTY COURT SYSTEM
STATE OF INDIANA
)
) SS:
COUNTY OF DELAWARE )
1992 TERM
CAUSE NO.:
18COI-9108-CP-356
LOWELL b/n/f JERRY M.
lDWELL AND JERRY M. LOWELL
ADAM
vs.
ROBERT KNOTTINGHAM
PLAINI'lFFS' WI1NESS LISf
Come now the plaintiffs, Adam Lowell b/n/f Jerry M. Lowell and
Jerry M. Lowell, by counsel, Michelle Hodson of White & Dennis, and submit to
the Court their list of witnesses which they propose to call to testify at the
trial of this cause of action.
.-
1.
All parties to this cause of action;
2.
All witnesses listed by the defendant;
3.
Fred L. Burns, investigating officer;
4.
Jack P. Alts, M.D., emergency room physician;
5.
Stephen J. Winningham, M.D., family physician;
6.
Randy K. Blossom, M.D., plastic surgeon;
7.
Chris Tuttle, Muncie Humane Society;
8.
Any other witnesses hereafter discovered.
Respectfully submitted,
Michelle Hodson #14679-18
112 East Golf Street
MUncie, Indiana 47305
(317) 288-6432
ATIDRNEYS FOR 1HE PLAINTIFFS
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing has been forwarded to
Pat Shields, ,~ttorney for the Defendant, 101 East Oak Avenue, MUncie, Indiana
47305; by United States mail, postage prepaid, this 14th day of February, 1992.
Michelle Hodson
-
IN TIlE DELAWARE COUNTY COURT SYSTEM
STATE OF INDIANA
)
) SS:
COUNTY OF DELAWARE )
1992 TERM
CAUSE NO.:
18COl-9108-CP-356
ADAM LOWELL b/n/f JERRY M.
IDWELL AND JERRY M. LOWELL
vs.
ROBERT KNOTTINGHAM
DEF'ENIlANI" S EXHIBIT LISf
C<:mes now the defendant, Robert Knottingham, by counsel, Pat
Shields of Moss & Shields, and herein submits to the Court his list of exhibits
which he proposes to introduce at the trial of this cause of action.
1.
All depositions taken in this matter;
2.
All veterinary records;
3.
All records fr<:m Good Dog Obedience School;
4.
Any records hereafter discovered.
~-
Respectfully submitted,
By:
--~P~a~t~Sh~i~e~ld~s---#~1~2=3~4~5-~1~8~---------
101 East Oak Avenue
MUncie, Indiana 47305
(317) 282-4433
ATIDRNEYS FOR DEFENDANT
CERTIFICATE OF SERVICE
-
I hereby certify that a copy of the foregoing has been forwarded to
Michelle Hodson, Attorney for the Plaintiffs, ll2 East Golf Street, Muncie,
Indiana 47305; by United States mail, postage prepaid, this 18th day of
February, 1992.
Pat Shields
IN THE DELAWARE COUNTY COURT SYSTEM
STATE OF INDIANA
)
) SS:
COUNTY OF DElAWARE )
1992 TERM
CAUSE NO.:
18COl-9108-CP-356
ADAM LOWELL b/n/f JERRY M.
lDWELL AND JERRY M. LOWELL
vs.
ROBERT KNOTTINGHAM
DEFENDANI" S WItNESS LIS!'
Comes now the defendant, Robert Knott ingham, by counsel, Pat
Shields of Moss & Shields, and herein submits to the Court his list of
witnesses which he proposes to call to testify at the trial of this cause of
action.
1.
All parties to this cause of action;
2.
All witnesses listed by the plaintiffs;
3.
Lorraine Knight, certified dog trainer;
4.
Thomas P. Rigel, D.V.M.,
5.
Any other witnesses hereafter discovered.
Respectfully submitted,
By:
--~P~a~t'S~h~i-e'ld's---#~1~2~3'4~5-'1~8~---------
101 East Oak Avenue
MUncie, Indiana 47305
(317) 282-4433
ATIDRNEYS FOR DEFENDANT
CERTIFICATE OF SERVICE
-.
I hereby certify that a copy of the foregoing has been forwarded to
Michelle Hodson, Attorney for the Plaintiffs, 112 East Golf Street, Muncie,
Indiana 47305; by United States mail, postage prepaid, this 18th day of
February, 1992.
Pat Shields
-
CIVIL NOTICE
DELAWARE CIRCUIT COURT
CAUSE NO:
PAGE 1
18COl-9108-CP-356
PARTIES
ATIDRNEYS
14679-18
MICHELLE HODSON
ADAM LOWELL b/n/f JERRY M. LOWELL
AND JERRY M. LOWELL
VS.
12345-18
PAT SHIELDS
ROBERT KNOTTINGHAM
03/04/92
Come now the plaintiffs by counsel and in person, and comes now the defendant
by counsel and in person for a two day jury trial. Upon completion of vior
dire the six rnember jury panel is as follows: Mary Ann Clevenger, Daniel
Morrison, Jeffery Mueller, Velma Osborne, Renee Prichertt, and James Wilder.
03/05/92
Upon hearing .111 evidence the jury concluded that 1) Defendant's dog did bite
and injure Plaintiff Adam Lowell, 2) Plaintiffs were damaged as to medical
expenses, 3) Plaintiffs were damaged as to pain and suffering, 4) Defendant was
negligent in leaving dog in public place, 5) Plaintiffs should be awarded
damages in the amount of $40,000.00, and 6) Each party shall pay their own
attorney fees. This cause is hereby concluded and dismissed.