-demand letter assignment I (3)
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Litigation 2
PLA 426
Assignment I
Demand Letter
(15 pts.)
Directions
:
On Sunday, August 6, 2015, at approximately 9:00 AM, Betty Bad-Luck, age 54, was driving to church. Betty was driving in a northerly direction on
First Street in the city of La Verne, California at the speed limit of 30 MPH.
As Ms. Bad-Luck approached the four-way stop sign-controlled intersection
of First and Main Street, she brought her car to a complete stop at the limit-
line, looked in both directions and proceeded to drive through the intersection. Betty had just entered the intersection when Cameron Careless,
age 22, was speeding along (approximately 50MPH) on the eastbound direction of Main Street. Cameron had just broken-up with his girlfriend the night before and he was suffering a hangover from “drowning his sorrows.” Mr. Careless, unaware of the stop sign, crashed his vehicle into Betty’s car thereby causing Betty personal injuries and property damage.
As a result of the accident, Betty was hospitalized four 3 weeks with a broken leg, cracked ribs, and severe concussion. Ms. Bad-luck is currently going twice per week for physical therapy and will continue doing so for approximately one year. Betty can’t continue her employment as a waitress at International House of Pancakes where she was earning $30,000 per year in wages plus tips. Nor can Betty pursue her lifelong ambition of becoming
a belly dancer. Betty’s 1977 Ford Pinto automobile, valued at 350.00 was totaled.
Your boss, Bob Bush is so impressed with your skills that he has asked you to draft a demand letter for his signature, to Cameron Careless’ insurance carrier. Use your imagination as to facts that I have not provided such as the name & address of Cameron’s insurance carrier. 1
I have included a form that you may revise to the facts of our case or, you may use any other demand letter form. I want a final draft, signed by Bob Bush, turned into me. Essentially, in the demand letter, you will outline the
facts of the accident (in the light most favorable to our client), specify Betty’s damages & amounts (you may also want to consider future medical expenses and loss of earning capacity) and then “demand” a settlement amount. 2
California Practice Guide: Personal Injury
Justice Zerne P. Haning (Ret.), William F. Flahavan, and Daniel J. Kelly
Chapter 4. Bodily Injury Claim Settlements
Forms
FORM 4:A POLICY LIMITS DEMAND LETTER
ABEL & HOWE
s
Attorneys at Law
101 Court Square
Center City, CA 96101
(406) 686-2089
February
21,
____
Fairdeal
Indemnity
Co.
911
Sutter
Street
Center
City,
CA
96104
Attn:
Donald
Parnell,
Claims
Manager
Re:
Strong
v.
Rose
Date
of
Accident:
August
17,
____
Your
Insured:
Donald
and
Rhonda
Rose
Your
File
No.:
88-2020-1
KWD
Settlement
Demand:
$100,000
Expiration
of
Demand:
March
21,
____
As you know, our office represents Mr. Stuart Strong who has a claim for personal injuries and property damage against your insured, Donald and Rhonda Rose, arising out of an incident that occurred on the date stated above.
You have previously advised us that the policy limit on Mr. and Mrs. Rose's insurance coverage with your company is $100,000 per claim for personal injury and property loss.
The general and special damages sustained by our client, as detailed below, are substantially in excess of that amount, and we believe that if the case goes to trial he will undoubtedly recover far more than $100,000. Nevertheless, because of the limited insurance coverage available in this case, Mr. Strong has authorized us to settle all claims against your insured for the policy limits, $100,000.
Mr. Strong's settlement demand is based upon the facts stated below:
1.
Collision
of
vehicles:
On
August
17,
____,
at
approximately
10:00
P.M.,
our
client
was
proceeding
in
an
eastbound
direction
on
Lincoln
Valley
Road.
Because
of
the
rainy
weather
and
poor
visibility,
he
was
traveling
less
than
the
posted
speed
limit
of
35
mph.
As
he
approached
the
curve
approximately
one
mile
West
of
the
intersection
with
State
Highway
157,
he
was
struck
head-on
by
a
vehicle
driven
by
your
insured,
Mrs.
Rhonda
Rose,
and
registered
to
your
insureds,
Donald
Rose
and
Rhonda
Rose.
Physical
evidence
and
the
several
witness
statements
given
to
the
police
at
the
scene
of
the
accident
indicate
that
Mrs.
Rose's
vehicle
had
been
traveling
westbound
on
Lincoln
Valley
Road;
that
as
she
rounded
the
curve
approximately
one
mile
West
of
State
Highway
157
intersection,
Mrs.
Rose
was
driving
in
excess
of
the
posted
speed
limit
and
her
rate
of
speed
was
also
excessive
for
the
then-existing
road
and
weather
conditions;
that
she
apparently
lost
control
of
her
car;
and
that
it
crossed
over
the
double
yellow
dividing
line
into
the
eastbound
traffic
lane
and
struck
Mr.
3
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- 5-3 PROXIMATE CAUSE. Galen Stoller was killed at a railroad crossing when a train hit his car. The crossing was marked with a stop sign and a railroad-crossing symbol. The sign was not obstructed by vegetation, but there were no flashing lights. Galen’s parents filed a suit against Burlington Northern & Santa Fe Railroad Corp. The plaintiffs accused the defendant of negligence in the design and maintenance of the crossing. The defendant argued that Galen had not stopped at the stop sign. Was the railroad negligent? What was the proximate cause of the accident? Discuss. [Henderson v. National Railroad Passenger Corp., __ F.3d __ (10th Cir. 2011)] (See Negligence.)arrow_forwardHomer 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…arrow_forwardMs. Gadner was driving her car on the highway when another car driven by Mr. Sneed passed her, sideswiped her, ran her off the road, and drove off. She caught up with Mr. Sneed and forced him to stop. She got out of the car and started to walk to his car when he drove away. When she was walking back to her car, Mr. Otis struck her with his vehicle. Gadner was transported to Bay Hospital, a small rural hospital, where Dr. Dick, a second year pediatric resident, was the attending emergency room physician. Upon arriving at Bay, Gadner's skin was cool and clammy and her blood pressure was 95/55, indicative of shock. Gadner received 200 ml’s per hour of fluid and was x-rayed. She actively requested a transfer because of vaginal bleeding. Nurse Gilbert voiced her own concerns about the need for a transfer to the other nurses in the emergency room, but not to Dr. Dick. Dr. Dick did not order a transfer. Bay is a rural hospital and is not equipped to handle trauma patients with multiple…arrow_forward
- John Beck was injured at the Drive-Thru at Taco Bell when an impatient driver behind him fired his gun at John’s car. When would Taco Bell be liable for John’s injuries? a. Taco Bell would be liable if John was negligent. b. Taco Bell is always liable for John’s injuries because he is an invitee. c. Taco Bell could never be liable for John’s injuries. d. Taco Bell would be liable if the firing of the shot was foreseeable.arrow_forward18.6 Independent Contractor Yvonne Sanchez borrowed money from MBank to purchase an automobile. She gave MBank a security interest in the vehicle as collateral to secure the loan. When Sanchez defaulted on the loan, MBank hired El Paso Recovery Service, an independent contractor, to repossess the automobile. The two men from El Paso who were dispatched to Sanchez’s house found the car parked in the driveway and hooked it to a tow truck. Sanchez approached them and demanded that they cease their efforts and leave the premises, but the men nonetheless continued with the repossession. Before the men could tow the automobile into the street, Sanchez jumped into the car, locked the doors, and refused to leave. The men towed the car at a high rate of speed to the repossession yard. They parked the car in the fenced repossession yard, with Sanchez inside, and padlocked the gate. Sanchez was left in the repossession lot with a Doberman Pinscher guard dog loose in the yard. Later, she was…arrow_forward9. Mark works as a courier. While on his daily route, Mark delivered a package to a home and noticed a pool in the backyard similar to what he would like in his own backyard. After work, Mark returned to the home to see the pool. He rang the doorbell to ask permission to enter the backyard, but no one was home. As no one was home to disturb, he went into the backyard to take a look at the pool. The family returned home to find Mark in their yard. They felt threatened, demanded that he leave, and called the police. Which of the following statements regarding Mark's situation is true? a) The courier company would be vicariously liable because Mark first entered the property when working. b) Mark would be guilty of trespass to chattels because he was there to see the pool. c) Mark could use the defence of consent because he attempted to ask for permission to enter the yard and no one refused his entry. d) The courier company would not be vicariously liable for Mark's actions.arrow_forward
- Explain why yes or no and cite the basis. 1.Article 1763 of the Civil Code states that: A common carrier is responsible for injuries suffered by a passenger on account of the willful acts or negligence of other passengers or of strangers, if the common carrier’s employees through the exercise of the diligence of a good father of a family could have prevented or stopped the act or omission. Based on the said Article, if an Adult Passenger (30 years old) boarded a Bus playing with a ball pen, which the Driver and Conductor is fully aware as it can be seen in plain sight but did not bother to confiscate it, will the Bus Company be liable in case the Adult Passenger injured and/or killed another passenger?arrow_forwardDr Lai went to SUPERSAVE supermarket to buy his groceries: he slipped and fell on a puddle of water on one of the aisles. The puddle has been caused by a leaking refrigerator inside the supermarket. The supermarket had a duty to keep the premises safe for its customers, but it had failed to fix the leak. However the supermarket did put up a warning sign near the puddle to alert its customer to beware of its slippery floor. Dr Lai suffered a broken arm from the result of the fall. Analyse the situation and determine wether the supermarket is liable for Dr Lai's injury. Advise wether Dr Lai has the rights to access damages with the supermarket. Include case laws and examples, if relevant.arrow_forwardBill Estes works at Clifford Company in the central receiving department. He unpacks incoming shipments and verifies goods received. Over the weekend, Bob pulled a muscle in his back while playing baseball. When he came to work on Monday and started unpacking shipments, he started to hurt again. Bob called the human resource department and told them he got hurt lifting a package at work. He was told to fill out an accident report and send it to an orthopedic clinic with a workers' compensation form. The doctor at the clinic told Bob not to lifting for about two and stay home for at least one week. Is Bob entitled to workers' compensation? Why or Why no? What effect will Bob's claim have on Cliffrock Company's Workers' Compensation Insurance Premium? Write a short memo from the human resource department to Cliffrocks Company employees explaining the purpose of workers' compensation. In small groups discuss the job-related illness or injury risks of a computer input operator and…arrow_forward
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