On May 3, 2018, Sal Govenale and Benjy Bronk were playing catch with a football at the Vesuvio Playground located on the corner of Prince and Thompson Street in Manhattan. Benjy shouted to Sal, Go out for the long one. If you catch it, the beers and dumplings are on me. With all of his strength, Benjy threw back his arm and wailed the pigskin far into the area toward the furthest end of the playground. Sal dashed in the direction of the pass and carefully followed the ball as it sailed through the air. Just as he was about to reach up to snatch the ball, Sals foot hit a raised, uneven, cracked edge of the sidewalk adjacent to the paved playground. In an instant, Sals body-slammed to the pavement. Sal felt a sharp burning pain in this left knee. Unable to move, Sal was taken via ambulance to the emergency room at Bellevue Hospital.
At the hospital, doctors informed Sal that as a result of his fall, his medial collateral ligament (MCL), the ligament that runs along the inside of the knee, was torn and severely damaged. In addition, Sals lateral collateral ligament (LCL), the ligament that is on the outside of the knee, was partially torn. Both injuries required immediate surgery and several months of post-operative rehabilitation.
Sal retained a lawyer and filed a lawsuit against the City of New York for negligence in New York County Supreme Court. Sal claimed that the Citys failure to maintain and correct sidewalk defects, including the one-inch gap between the sidewalk slabs where he fell and was injured, constituted negligence on the part of the City. During his deposition, Sal testified that he had played catch in Vesuvio Park at least 20 times before the day he was injured and was aware that the playground and the sidewalk surrounding the playground were in poor condition.
The City filed a Motion for Summary Judgment seeking dismissal of Sals case on the grounds that an individual engaging in a sporting event assumes the risk of injury and, as a result, the City of New York should not be held responsible for Sals injury. The New York Supreme Court denied the Citys Summary Judgment Motion.
The City of New York is deciding whether to file an appeal of the New York County Supreme Courts decision. You work as a paralegal for the New York City Law Department (the attorneys for the City of New York). Inter-Office Memorandum outlining the factual and legal issues presented by Mr. Governales case.
(Your Interoffice Memorandum should follow the sample that I have attached and the two articles should be used in support that I have attached )
What are the ethical and potential legal claims regarding plagiarism concerning the preparation of legal documents?
Please read the case on pages 122-124 of the eText and answer the three questions following the case. (Attached is the pages and the three questions)
PLEASE PROPERLY CITE EACH QUESTION AT THE END ON EASY BIB