Adv.

Legal Writing

To: Attn. Allen

From: Marcus Richard

Date: 8/10/22

Re: Williams v. Big Hands Insurance Company (Case synopsis)

Our file # 22-3389

Analysis

In the case of Cox v. Masun, the plaintiff was a passenger traveling with a ____ to their

destination, when the driver began to brake abruptly and throw the passenger to the ground

inside of the van. The driver of the van alleged that there was a vehicle in front of him that

caused him to brake abruptly, however said vehicle was never identified and was further

considered a “phantom” vehicle. The plaintiff sued the company and their insurance provider,

and the driver of the van. However, the suit was narrowed down to the insurance company and

the driver.

The trial court determined that it was not possible to prove that MGA was the insurer of

the van, and furthermore that the phantom vehicle in fact negligently the cause of the accident.

The plaintiffs case was dismissed by the trial court because of insufficient claims stating

allegations that were not factually sound, in coalition with not stating the correlation of

negligence/causation directly with the injuries that were suffered. Furthermore, several variables

that were necessary to establish facts of the case were unidentifiable. Some important takeaways

that were established were that negligence must be shown by the driver of the “phantom vehicle”

and that claims must demonstrate reason for a cause of action. Finally, the party that is injured
Adv. Legal Writing

must prove (through an independent and disinterested witness) that the injury was at the hands of

an unidentified, uninsured driver.

Legal Advice

It is not likely that Jaelynda could be established as an Independent and disinterested

party. Jaelynda is likely considered as independent due to the solitary nature of her and Jerome’s

interactions. The two parties are nothing more than classmates. However, Jaelynda could not

likely be considered disinterred because of the favor that was done for her by Jerome. Her

deposition could be considered as a favor for the volunteer act that was done for her. There is a

clear influence that could potentially drive Jaelynda to assist Jerome. To aid in having Jaelynda

established as “independent and disinterested”, Jerome should not mention, let alone invite

Jaelynda to his cousins wedding because this interaction would lead way to dissolving solidarity

between the two parties that is important to prove independence. Therefore, Jerome must

maintain solidarity between himself and Jaelynda to have a chance of the parties being seen as

“independent and disinterested”.