In this assignment, you are required to review the attached memorandum and complete the following steps. 1. First, brief the case provided.  For more information about how to brief a case visit https:

CONFIDENTIAL ATTORNEY WORK PRODUCT

MEMORANDUM

From: Senior Partner, Fullbright, Haynes, and Botts, LLP

To: You, an associate in the litigation department

Date: Today

RE: New Client; law not clear – research needed.

We have a new client, a Marine veteran, who currently suffers from PTSD. He was part of a program where he was given a Labrador Retriever to help him cope with his new civilian life after the intensity of war and the intense training leading to war that only his fellow soldiers could understand. He has had regular meetings with groups and individuals under the guidance of trained counselors, but the dog has been “his salvation” as he put it.

This highly training, handpicked dog could sense when the client was getting tense or angry or upset and would intuitively and effortlessly calm him down, without embarrassment or drawing attention to the intervention. For 18 months the two were inseparable.

One day, while texting and driving, a tractor-trailer driver ran up on the curb and killed the dog in front of our client. There is no dispute by the defendant corporation regarding Duty, Breach, Causation or Injury (see chapter on torts). The only question is one of the damages – to what degree and what of what kind or kinds.

The client could easily testify at court that the dog saved his life and gave him a pathway to cope and to adjust to civilian life. You will have no problem with copious amounts of testimony from the client and his family how much improved he was with his dog.

Since the truck driver was a commercial driver an agent of a large corporation (see agency chapter), there are millions of dollars on the insurance policy. Whatever judgment you get in court, they can pay it.

You need to figure out what kind of damages you can get. The dog is worth $2,000 as a pup. Years went into training the dog. The client loved this dog with all his heart. His loss of this companion has devastated his life like nothing else since the tragedy of his wartime experiences. There is some recent case law on the issue of consortium/companionship in relation to dogs. Use it if you can, or get around it by distinguishing it if you need to.

You are to read the Primary Sources of Law (cases) first. You should start with the first case, the earliest case, and end with the Supreme Court of Texas case from 2013. Then you should read the two secondary sources.

Deliverables.

1. First, brief each case provided.

2. Next, you are to write a Legal Memorandum using the IRAC method. Narrow the issues. Cite to the rule. Analyze the rule (law) and apply it to reach a conclusion. This Memorandum should be balanced and not argumentative.

3. You are then to write a short 500-750 word argument to summarize your intended argument to the Court. This argument should resemble zealous advocacy.