Reference no: EM133854082

Question 

Your firm has been contacted by a prospective client, Ms. Samantha Pender.

On the evening of May 15, 2023, at approximately 11:45 PM, Samantha Pender, a 24-year-old nurse, was driving home from her late shift at Riverside General Hospital in Wachovia, NC in Forsyth County. Samantha was traveling southbound on Maple Avenue in her 2019 Humble brand, Civitan model sedan when a 2023 Canyon Bull brand, Pedestrian Sweeper 5000 model pickup truck driven by Andrew Dolan collided with her car at the intersection of Maple Avenue and Elm Street, crashing into Samantha's vehicle. The only witness to the accident, Oliver Watson, an attendant working alone on the overnight shift at a gas station near the intersection told police that he thought he noticed the Maple Street light turn to yellow and a moment later heard the crash. The accident reconstruction report noted tire marks from Dolan's truck consistent with sudden braking, but no indication that Pender's car was braking. The report estimated that Dolan entered the intersection traveling between 40 and 45 mph on Elm, which is a 45 zone. It estimated Pender's speed at 45 to 50 mph on Maple, a 35 zone.

Andrew Dolan, a 42-year-old options trader, had been living in Wachovia for the past month caring for his aging mother. His home address is in Oceanside, New York, but he is in the process of selling his home in anticipation of moving permanently to Wachovia. Witnesses reported that Andrew had been visibly intoxicated while drinking at The Ruddy Tankard, a popular bar, just before the accident while attending a welcome party thrown by his new employer Moneybags LLC, a Charlotte based brokerage firm. Bar staff allegedly continued to serve Andrew multiple alcoholic beverages, despite clear signs of his intoxication, including slurred speech, unsteady walking, and loud, disruptive behavior. The Ruddy Tankard is a wholly owned subsidiary of Alternative Food Conglomerate, a Chicago based company, operated locally by a franchisee, Dmitri Nickels of Wachovia.

Samantha suffered multiple serious injuries, including a fractured left femur, a concussion, and a dislocated shoulder caused by a defect in the side air bag of her Civitan. The air bag was manufactured by SafeAir Inc. of Houston, Texas and installed at a Humble assembly plant in Wyoming. She required surgery and a prolonged hospital stay, and she continues to experience significant pain, limited mobility, and emotional distress. Her medical expenses to date exceed $100,000, and she has been unable to return to work, resulting in lost wages.