Case study

B. Tort Reform (approx. 2-3 pages): You are an attorney with a small personal injury law firm in Nebraska. One day, you receive a visit from Lisa and Michael Gourley. They would like to consult with you about the possibility of filing a lawsuit on behalf of their son, Colin, to recover based on injuries he sustained at birth. Based on the facts presented in the Hot Coffee documentary, prepare a legal memorandum to Mr. and Mrs. Gourley addressing the following:

• Summarize the pertinent facts of the Colin Gourley case

• Identify and discuss the type of legal claim they can assert against the physician(s) responsible for providing medical care to Colin and Lisa Gourley. Explain what is required in order for there to be liability under the relevant legal claim.

• Discuss the categories of damages Mr. and Mrs. Gourley can recover in their lawsuit.

• Discuss what impact, if any, Nebraska Revised Statute 44-2825 will have on their case.

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