It was her custom to stop home during a break in shifts but little did I know on that fateful day, that that one break would be her last. She was only 18 yrs old but well on her way to becoming an independent woman. Ultimately, the killer was convicted of 3 counts, murder, rape, and assault and sentenced to life in prison. The District Attorney asked me if I wished to request the death penalty for the animal that killed my daughter, but I realized that killing him isn't going to bring back my beautiful girl. Accordingly, I allowed the jurors to decide his destiny. I realized that some things are better off left in the hands of the scales of justice.
I am also a risk taker, and an investor who invested a lot during the real estate market booming, but didn't back out in time before the collapse. As a result of all the down fall of the stock market and financial crisis, I have just declared Bankruptcy and am ready turn to another chapter of my life and pursue a new route in my life. I am currently a student at Phoenix University pursuing a BS degree in marketing/management. I am working on my sixth course in the upper division courses and looking forward to completing my BS in 2010. I realize that my Bachelors degree is simply not enough to satisfy my desire to continue learning and to contribute to society. It is my earnest belief that a career in law will allow me to use my talents and my drive to succeed in an environment that will reward not only myself, but others as well.
Against that backdrop, I present for consideration the case synapses the committee has drafted with my analysis. Five year-old Jim and his grandfather, Bud, were walking along the sidewalk to the local ice cream store. Jim was anxious and was about 45 feet ahead of his grandfather. Suddenly a speeding car came around a curve in the road, lost control, came onto the sidewalk, and hit and killed Jim. Bud was in no danger of being hit by the car, but seeing this tragedy, he suffered shock and great mental pain and anguish. Controlling case law allows a mother, who witnessed her young child run over by a negligent driver, to recover damages for emotional distress, but refused to allow an unrelated bystander witness, who saw a baby killed in a similar auto accident, to recover damages for the emotional injuries she suffered.
Bud stands in an interesting position. He is not the mother of the deceased and he also is not an unrelated bystander. He is, in fact, a relative. I believe that the caselaw that would support Bud's position would be that which demonstrates the right to recovery of any relative that witnessed a death. Thus, I would couch the argument in terms of being a relative and present caselaw from other jurisdictions that allow for recovery for relatives besides the mother. Further, I would want to know if Bud lived with his grandson. Many grandparents live with their children and grandchildren. I would demonstrate that the relationship between Bud and his grandson is actually heightened because of the fact that they were so close. As a result, when trying to clarify exactly which position Bud is likened to (either that of mother or that of unrelated bystander) clearly the scales tip in the direction of mother and therefore, Bud is entitled to recovery.
Conversely, it can also be argued that in fact Bud is not the mother and that caselaw should be strictly construed so as