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Category > Law Posted 16 Mar 2018 My Price 10.00

MEMORANDUM TO: JACK CRACKLE FROM: ESSENCE SNAPP SUBJECT: MASON STONE DATE

Defendant Mason Stone needs legal help due to the fact of him purchasing a crane, that has destroyed Plaintiff Erin’s environmental property. Mason Stone purchased the crane from Defendant Nick Slick not knowing that the crane needing fixing and in the end would not work. Nick Slick parked the crane on Erin’s property, without the permission of Erin. Once Erin’s finding on the crane, she allowed the crane to stay until the deadline of him moving the crane. Once the crane was moved there was oil and other fluids left behind from the crane that Nick Slick claims he did not see. Defendant Mason Stone recalls seeing a puddle of fluids, but prior to him buying the crane. Now because of damages Erin wants to sue both gentlemen for negligence of property. Supervising attorney should inform Mason Stone that in the state of Illinois he is responsible for the damages caused from the crane once he purchased it. He should also inform Mason that because he seen a puddle of fluid that he could also be liable for damages. If Mason wants to file a cross claim he would still have to answer to the complaint. “The defendant to a counterclaim must answer the counterclaim consistent with the procedures for answering a complaint. 735 ILCS § 5/2-608(d). The answer to a counterclaim and any motions attacking a counterclaim must be filed within 21 days after the last day allowed for the filing of the counterclaim. Ill. S. Ct. R. 182.” (Vail & DeRosa, 2012). In the state of Illinois cross claims are treated the same way as a counterclaim. A cross claim should entail all the information needed to bring the claim into action. If Mason Stone wanted to file a cross claim it should be against Nick Slick. Nick Slick sold him a broken crane that caused oil, gas, and other fluids that did damages to a property. His best option would be to file for Nick Slick and not for Erin because the damage was done to Erin’s property and not Nick’s. If Mason wanted to include his claim for the crane he would be entitled to do so. The crane was damaged and inoperable, it also caused property damages, and now he’s being sued by someone because of broken crane. Counterclaims must be drafted in the same manner and with the same specificity as a complaint, but allegations set forth in other parts of the answer may be incorporated by specific reference. Id. § 5/2-608(c). (Vail & DeRosa, 2012).  In all Erin is suing Nick Slick, and Mason Stone for negligence for damages done to her property. Mason Stone is suing Nick Slick for a crane that caused damages as well as an inoperable crane. 

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Martinakom
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Status NEW Posted 16 Mar 2018 03:03 PM My Price 10.00

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