Homer Simpson is operating his car at around Noon yesterday. He is stopped for a red-light at the corner of Fast Food Boulevard and 257th Street, on his way to get a burger from Krusty Burger in the Fast Food District of Springfield, Florida, located in Polk County, when Barney Gumble, operating a 1982 Ford Pinto, fails to stop in time and drives into the back of Homer’s vehicle.
Homer sustains serious injuries to his back, neck, and to his face when it struck the steering wheel. He is taken to Springfield General Hospital and is admitted and treated there for three weeks. After his release from the hospital, he misses another three weeks from work at the Springfield Nuclear Power Plant while recuperating at home.
Gumble is uninjured from the crash. He is given a breathalyzer test and his Blood Alcohol Count registers at .22% BAC. The legal limit for BAC while operating a motor vehicle in Florida is 0.08%. Because Barney has a prior conviction for misdemeanor Driving Under the Influence (DUI) in Florida two years earlier, he is charged with felony DUI. He retains the blue-haired attorney, Karl Luvum, Esq, to represent him in all legal proceedings, actions or lawsuits stemming from the crash.
While still in the hospital, Homer retains Lionel Hutz, Esq., as his lawyer to pursue a civil lawsuit against Barney Gumble to obtain damages related to his physical injuries, medical expenses, loss of earnings and pain and suffering based upon the crash. Unbeknownst to Homer, Hutz had represented Barney as his defense counsel in the case resulting in the prior misdemeanor DUI conviction two years earlier.
Answer each of the following questions:
(A). What kind of legal action or lawsuit may Mr. Hutz pursue on behalf of Homer. (B). What elements will Mr. Hutz have to prove to win this legal action for Homer?
(A). Identify the Florida court that would have jurisdiction over the legal action or lawsuit filed by Mr. Hutz on Homer’s behalf. (B). Explain why this court would have jurisdiction. (C).Indicate who would be the plaintiff and who would be the defendant in this lawsuit.
(A). Identify the Florida court that would have jurisdiction over the felony DUI charge filed against Barney Gumble. (B). Explain why. (C). Who would be the plaintiff and who would be the defendant in this criminal proceeding?
Describe how the lawsuit Mr. Hutz files on behalf of Homer would generally proceed start to finish.
(A). What ethical concept might Mr. Luvum raise under Florida’s Rules of Professional Conduct applicable to lawyers in making a motion seeking Mr. Hutz’s removal as Homer Simpson’s lawyer in the above- mentioned action. (B). If you were the Judge in the case, would you grant such motion?