(15 points) You have just passed the Bar, and your first cli…
(15 points) You have just passed the Bar, and your first client is Lula Fanning. Ms. Fanning is the guardian of Eva Jackson, a physically and mentally incapacitated adult. Ms. Fanning explains to you that Ms. Jackson was injured as a result of poor care that she received at a nursing home owned by Sand Springs Care Center, Inc. Ms. Fanning would like for you to bring a lawsuit for damages based on the substandard medical care that Ms. Jackson received. Ms. Fanning wants to sue the three individual, passive shareholders of Sand Springs Care Center, Inc., as she believes that Sand Springs Care Center, Inc. won’t have sufficient resources to pay a judgment. A. Ignoring tort law, how would you explain to Ms. Fanning whether there is a valid claim to be made against those shareholders. B. As you progress through discovery, what additional facts would you tell Ms. Fanning that you would hope to uncover about Sand Springs Center, Inc. and how it was operated to improve any claims against Sand Springs Center, Inc. C. What defenses would you raise if you represented the shareholders of Sand Springs Center, Inc.? For instance, are there facts that don’t or shouldn’t necessarily give rise to a valid claim against those shareholders personally?
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