Please submit your analysis of this fact pattern, If you refer to any readings or cases, please try to cite the readings and cases using either Blue Book or APA citation format.
Please examine all of the legal issues posed by this fact pattern. When analyzing this fact pattern, please make sure that you identify any parties that Salvatore may sue and any legal defenses that these parties may raise. Also, consider the impact of state law on the analysis of the parties’ liability and defenses.
Jimmy, who is a lawyer located in Birmingham, Alabama invites a potential client from Italy named Salvatore to a baseball game. Unknown to Jimmy at the time he purchased the tickets, Salvatore speaks only minimal English and is not interested in baseball. Trying to impress Salvatore, Jimmy purchases tickets on close to the visiting team’s dugout. Salvatore has never been to a baseball game and does not know the rules of the game. Uninterested in the game, Salvatore engages in “people watching” throughout most of the game. During the third inning, Salvatore begins “talking” to an attractive young lady sitting behind him named Molly. While exchanging phone numbers with Molly, a foul ball hit by Bob Hunter, who is the star player of the Birmingham Barons strikes Salvatore. The ball hits Salvatore in his face and breaks his nose. Salvatore, who makes his living as a male model, files a lawsuit against Jimmy, the Birmingham Barons, and Bob Hunter for damages.
2. On January 13, 2001, while walking to Brooklyn Law School in Brooklyn, New York, John, who is a law student, slips and falls while walking past a hot dog stand. While not realizing it at the time, John tripped on a banana peel tossed on the floor by Salvatore. John suffers a broken leg as well as a fractured hip as the result of the slip and fall, and as a result of his injuries, he will walk with a limp for life. Salvatore, who is an undocumented alien from Italy, works for Jimmy’s Hot Dogs owned by James Abbondanza from Brooklyn, New York. Because John does not want to list a pending lawsuit on his bar applications, John waits until after his admitted to the New York State Bar to pursue legal action based on his slip and fall. Assume for purposes of this question that the statute of limitations for a negligence claim is two years in New York. On January 1, 2003, John walks into the law offices of How, We, Sue, Them, and How, LLC. John tells Kimberly, a newly-minted lawyer, his story. Kimberly tells John that she does not think that he has much of a case and John limps out of the law office. After that, John goes to five other law offices, and he receives the same response. Believing that he has a good case, John filed a lawsuit against Salvatore, James Abbondanza, and Jimmy’s Hot Dogs on March 20, 2003. Judge Sullivan dismissed John’s lawsuit as time-barred. John then files a lawsuit against Kimberly for legal malpractice. According to John’s complaint, Kimberly should have advised him of the applicable statute of limitations during his initial client visit. According to Kimberly, John is a newly admitted lawyer and should have known about the applicable statute of limitations issues raised by his cause of action. Please discuss all of the legal issues raised by this fact pattern.
NB: When analyzing this fact pattern, please assume that you are the judge evaluating the merits of John’s complaint against Kimberly. Also, consider the impact of state law on the analysis of the parties’ liability and defenses.
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