The firm’s client, Abel, returns to the firm this week. He has reviewed the police report that was filed after the accident described in Week 09. It is Abel’s belief that Justine was the true cause of the accident between Abel and his brother, Cain. Abel still needs to respond to his brother’s complaint and wishes to file the counterclaim against him, but also wishes to sue Justine. According to Abel:
- He got into an accident with his brother, but his brother turned out into the lane in front of him, causing the accident.
- The reason Cain turned out in front of Abel was because Justine Jeffries slammed on her brakes at the last minute, which caused Cain to turn into Abel’s lane.
- Justine was texting at the time of the accident, which undoubtedly helped to cause the accident.
Abel believes that if Justine hadn’t been texting and slammed on the brakes at the last minute, Cain would not have swerved into Abel’s lane. If he had still swerved, Abel believes there would have been enough time for him to evade Cain’s car.
Your supervising attorney has asked that you add in a claim of negligence against Justine Jeffries as a third party complaint. He liked your original answer, and thus you can use the original answer with counterclaims as your base. He has provided you with a sample of another third party complaint to see how the document should look, which is uploaded below.
PLEASE KEEP IN MIND THAT, FOR A THIRD PARTY COMPLAINT, THIS PARTY CANNOT BE IN THE ORIGINAL LAWSUIT. THE NATURE OF THE CLAIM, OTHER THAN NOT BEING AN ORIGINAL PARTY, IS IDENTICAL IN PURPOSE TO THE CROSS-CLAIM. YOU MAY ADD ANY FACTS YOU WISH AS LONG AS YOU DO NOT CONTRADICT ANY OF THE GIVEN FACTS