Harvey Kittle is seeking legal advice in determining whether he could pursue a claim for injuries
he suffered.
Harvey was snowmobiling in a meadow on land owned by the U.S. Park Services; his
snowmobile hit a rock that was partially covered by snow. As a result of the impact, Harvey was
thrown on to the right side of the snowmobile. The brake bracket, located on the right side of the
snowmobile, had two sharp metal protrusions; Harvey face came down on the protrusions.
As a result of the accident, Harvey suffered a broken leg, a broken collar bone. In addition to the
injuries caused by the accident, he suffered two deep gashes on his cheek, caused by the brake
bracket. His doctors advise that he will have a permanent limp, and will have permanent
scarring on his face.
The snowmobile was manufactured by Accent Snowmobiles, and was retailed by Sports
Equipment of Las Cruces, where Harvey bought the snowmobile two years ago.
Please write a letter to Harvey, explaining what theory(ies) would best support a claim that
Harvey could make, and which provides a detailed analysis of his claim. While the materials in
the textbook should help you, they are not enough. I am expecting you to perform independent
research, outside of the textbook, and to demonstrate what you have learned, where you have
learned, and how it informs your advice to Harvey.
The letter should not exceed two pages.
As you prepare your letter, please keep in mind that Harvey has not studied the law, and is not
familiar with any of the concepts or terms that you have learned in this class. Use the memo as
an opportunity to “teach” Harvey whatever he needs to know so as to put your advice in context.
Your letter should include lessons learned in the textbook and in class, but must also incorporate
your independent legal research. Regardless whether you are relying on the textbook or on other
sources, you should cite to – and explain as necessary – those sources in your memo.
