Your supervising attorney has asked you to formulate a set of interrogatory questions for his review, which could be served on the opposing party in a car accident case between Cain and Abel. Abel, our client, was sued by his brother. The facts of the case are as follows:
Abel Abrahamson is a client of your firm (Sinclaire and Sinclaire, 464 Main St., Blackacre, Hometown, 37373). He recently received a Summons and Complaint from the Blackacre Circuit Court in your home state, informing him that his brother, Cain, is suing him. The complaint is attached here.
Your supervising attorney, Jake Smalls, has already served an Answer and Counterclaim on behalf of Abel, based off of a conversation with Abel, who has given him the following information:
- He got into an accident with his brother, but his brother turned out into the lane in front of him, causing the accident.
- He believes his brother was intoxicated at the time and was speeding.
- He knows his brother went to the hospital, but is unsure of the extent of his injuries or medical bills. He is sure, however, that his brother is faking some of his injuries–he saw him moving furniture shortly after the accident. This also leads him to believe he could still perform his job.
- He is furious with his brother, and wants to sue him for defamation. His brother has been going around town telling “everyone” that he intentionally ran him over because he thought Cain was going to tell Abel’s wife about an affair Abel was engaged in.
- Abel adamantly denies hitting his brother on purpose, and is furious, as he has never engaged in an affair. Regardless, news of his brother’s statements about him have spread amongst the town, and Abel recently lost an election whereby he was running for the Blackacre School Board. Polling showed he lost the election due to the public’s concern over his moral fitness.
Your supervising attorney has advised you that a claim for defamation requires allegations of a false statement, published (or spread to other people) causing damages.
Mr. Smalls would like 10 interrogatory questions included in the interrogatories to be served on Cain. He has provided a template the firm uses for interrogatories for formatting purposes. However, you need to draft the appropriate questions, paying particular attention to the facts of the case.