Settlement Demand
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Apr 3, 2024
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Uploaded by BrigadierOxideKingfisher37
Madison Groves
LEGS202
Mercury Parcel Service Company 4702 Central Avenue
Toledo, OH 43601 And Richard Hart 1632 Coilbert Avenue Toledo, OH 43601 SETTLEMENT DEMAND
To whom this may concern: This letter informs you of our client's Ann and William Forrester, desire to settle this case out of court. The facts of my client's position and that of the case are set forth herein. We have received the medical reports and bills that allow us to make this settlement demand in this manner. I. BRIEF SUMMARY OF FACTS This case demonstrates clear liability on the part(s) of both Mr. Hart, the driver, and Mercury Parcel Company, Mr. Hart's employer. On February 26, 2020, Ann Forrester and her family were on their way to drop off William Forrester at work and their two children off at school, when before leaving, Ann Forrester made her way from their driveway at their residence to the mailbox across Highway 328 to place a letter in the mailbox. After Ann Forrester placed the letter in the mailbox, she progresses back across the highway only to find Mr. Hart's van coming over the crested hill at an accelerated rate of speed. I want to add that the speed Mrs. Forrester and witness(s) contested was not of a reasonable rate for the conditions that morning. The rate of speed contested by those around and by Ann Forrester proved to be too high as the driver, Mr. Hart, could not maintain control of the vehicle on the road's conditions and slam into Mrs. Forrester at a rate of the impact that caused Mrs. Forrester to be viciously thrown into the air and finding an impact area in the ditch along the roadway. As it was mentioned before, she was on her way to drop off her husband and two children, which as this negligent, horrendous on board, impetuous, and unfortunate accident unveiled, they witness as Mrs. Forrester's body contacted the vehicle driven by Mr. Hart and laid mangled in a ditch on a frigid and wet morning. Mrs. Forrester suffered an immense number of substantiated injuries from Mr. Hart's negligence on the morning of February 26, 2020. Her injuries' urgency goes without recourse as the medical staff that arrived on the scene rushed Mrs. Forrester to Porter Memorial Hospital, where she underwent several surgeries. The family pressured the medical staff's attempt to see Mrs. Forrester return to everyday life after the horrendous accident she went through. Without any unjustified and complete repair of her first attempt at surgeries, Mrs. Forrester continues to undergo physical therapy to regain mobility and
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movement in her hips and legs. She also has undergone psychological treatment along with her husband
and two children because of the post-traumatic disorders they have now obtained because of Mr. Hart's
negligence. This is all while learning how to become a contributing member of society again. A. Police Report and Accident Scene Photos I have enclosed copies of all the Police reports, EMS reports, and accident scene photos.
B. Eye-witness Statements I have two witnesses who will testify as to what they saw at the time of the accident. Mrs. Schnabel is a retired accountant who lives with her husband in Valparaiso. She watches her grandchildren and takes them to school every morning. She will testify that she was driving on Capital Drive on February 26, 2020, taking her grandchildren to school. She saw several patches of ice on the roadway and had to drive quite slowly. She saw Mrs. Forrester in the roadway walking toward her house
and saw Mr. Hart's van being to swerve from side to side. She then saw Mrs. Forrester trying to get out of the way before being hit by the van and thrown into the roadway. She will also testify that Mr. Hart was speeding in the accident and did not sound his horn. Mr. Stapleton is a court clerk part-time at the Valparaiso Courthouse and a full-time law student at Indiana University. Mr. Stapleton is married and has four children. He will testify that on February 26, 2020, he was driving on Capital Drive on his way to work. He remembered that there was ice over more than thirty percent of the road, and the wind was blowing in both directions, while visibility was less than seventy percent. In his testimony, he mentioned that "the van appeared to be coming down the rise of the hill slightly unparalleled to the centerline, which caused me to move slightly south toward the
road's shoulder, which was a small-sized drainage ditch." Mr. Stapleton will also testify to what Mr. Hart's physical and mental condition was during the aftermath of the accident and contest a conversation that Mr. Hart was having on the phone while treatment was being given to Mrs. Forrester. C. Mr. Hart's Deposition Statements
In his deposition, Mr. Hart stated that at the time of the accident, he had only taken one of the three required Union breaks and was a little tired. He was running late getting back to Cincinnati due to the icy
road conditions. He had driven eight, maybe nine hours at the time of the accident, when he is only supposed to drive seven hours in one shift. The van had previously been experiencing a pulling issue when pushing on the brakes. Mr. Hart had told Arnie Hanson, an employee in the maintenance department, about the issue, but it had not been repaired as of the day of the accident. Mr. Hart stated that he did not sound the horn to warn Ann that he was quickly approaching her. Mr. Hart stated that he
had had five to six tickets, mainly for speeding, of which about half occurred while on the job. He has had two motor vehicle accidents, one while off the job that resulted in injuries, and the other while one the job. D. Exhibits I have enclosed all the medical photos of Mrs. Forrester injuries.
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II. PERSONAL HISTORY Ann Forrester was a 35-year-old with a husband and two beautiful children. She worked at the local YMCA as an athletic trainer and provided her clients with peace of mind that each day brings a new start
and a better tomorrow. Through her work with the YMCA, she ran an outreach program for those who cannot find the time to train at the gym. Her experience with at-home personal training led to the program becoming a massive success during the ongoing pandemic. She often incorporated her family in
the virtual training sessions. This incorporation of the family helped bring the family closer together, resulting in a bond that would become a regular weekly family event. Her children thrived for the social and personal environment that the experiences brought. Michael, Ann's oldest, stated, "during a time when we can no longer go to our friend's houses or have much social interaction, we can find our mother finding new ways to be a part of our community and giving us a mental break from e-learning."
When Ann Forrester was not working at the YMCA or providing virtual sessions for personal enlightenment, she could be found in the community. Ann had an intense devotion to her church and a strong devotion to her fellow neighbors. Ann Forrester was known for an active lifestyle beyond physicality. Ann reached out to other communities that otherwise would not have the opportunity to see good. On Sundays after church, Ann would drive down to the local soup kitchen and provide a helping hand to those in need. This is something that otherwise would not be possible if not for her husband's intense devotion to her. While along with Ann, she had her husband William, who praised her
moves as "uplifting" and "strong." William can often be found next to Ann, asking what else she needed or if she could not do much more in this world. III. PRIOR MEDICAL HISTORY Ann is a perfectly healthy woman. She had never had any broken bones or surgery and had only stayed overnight in the hospital when she had her two children. I have enclosed Ann's prior medical records for the past 5 years before the accident for your review. IV. INJURIES – PRESENT & LONG TERM Mrs. Forrester is suffering several injuries that are a result of the impact sustained by accident. Such injuries include injuries that require significant surgeries. These injuries are to Mrs. Forrester's right wrist, a knee replacement, hip replacement, and broken rib (exploratory to ensure no puncture). With each of these injuries, there is a significant loss to social and physical recovery. A. Recommended recovery for a wrist can be up to twelve weeks if the long-term effects of arthritis or inflammation in the tendons do not happen. Mrs. Forrester would not drive during this recovery time, and range of motion and strength can be severely limited even after recovery. B. Knee replacement runs many risks, and like any surgery, the risk after the fact includes infections, blood clots, heart attacks, stroke, and even nerve damage. Mrs. Forrester needs help with everyday tasks, such as cooking, bathing, and doing laundry. Mr. Forrester must help Mrs. Forrester deal with these tasks by ensuring the house is safe for living. Mr. Forrester had to add additional safety benchmarks throughout the house. Loss of muscle control has limited Mrs.
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Madison Groves
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Forrester to high impact activities, and driving cannot be done without narcotic pain medications. C. Hip replacement for Mrs. Forrester has been the hardest. Mrs. Forrester has had to use a walker for several weeks, which helps keep the weight off the hip. Along with physical therapy and assisted walking devices, Mrs. Forrester has had to relearn to climb stairs and even get in and out of the car. Mrs. Forrester must continuously take anti-inflammatory medications. Mrs. Forrester must keep her leg elevated when sleeping to reduce pain, which creates many restless
nights. D. The surgical stabilization of rib fracture using titanium elastic nail in this blunt chest trauma was needed to ensure an acute respiratory failure. The reconstruction of Mrs. Forrester's chest wall caused a need for a chest tube with a low-pressure suction, which helped reduce residual pleural space. At any time, the broken rib could present a formation of blood clots if not regularly checked by a certified medical doctor. During surgery, intramuscular injections of morphine were administered, which now pose a long-term effect. Mrs. Forrester presented many present disabilities because of surgery and the accident due to the negligence of Mr. Hart. According to Mrs. Forrester's doctor, the two most predominant effects that Mrs. Forrester is experiencing are mental and emotional injuries. These effects include: A. Mental anguish B. Emotional distress C. Fear/anger D. Humiliation
E. Sleep Disturbances. Mrs. Forrester also suffers a 30% loss of life because of the impact. Mr. Hart also suffers from similar mental injuries because of significant life changes and reduced work due to the pressing need to help Mrs. Forrester. I have enclosed copies of all of Mrs. Forrester's medical and counseling reports for the entire family. V. DAMAGES I have summarized the medical and counseling expenses along with lost wages to date for Mrs. Forrester. I have also included Mr. Forrester's loss of consortium. I have enclosed copies of expenses to date.
DAMAGES REGARDING FORRESTER Emergency Expenses: 1. Ambulance = $800.00 2. ER room care = $750.00 Total: $1,550.00 Surgery Expenses:
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1. Right Wrist = $2,000.00 2. Knee Replacement = $50,000.00 3. Hip Replacement = $80,000.00 4. Broken Rib = Exploratory to ensure no puncture $30,000.00 Total: $162,000.00 Pharmacy Expenses: 1. Medicine = $30,000.00
2. Devices = $5,000.00 Total: $35,000.00 Home Health Care Expenses: 1. $1200.00 Mental Health Expenses: 1. Psychiatric - $12,480.00 Physical Therapy Expenses: 1. $8,320.00 Future Expenses: (based upon the next 48 years) 1. PT = $12,8480.00 2. Pharmaceutical = $48,000.00
3. Chiropractic Treatment = $51,840.00 Total: $112,688.00 Total Amount of MEDICAL damages = $333,238.00 Economic Lost 1. Current Wage: $45,000.00 - to be determined whether she goes back to work. Most likely not, given the nature of her work. However, for damage calculation for future loss, remember she is 80% healed. Therefore, only 20% of her lost wages can count toward future loss wages. Technically, she could get a job that does not require a dance instructor's physicality and find employment relevant to her 80% recovery and abilities. 2. $4,800 per year regarding Health Insurance Benefits. Plus, the bonus structure is an average of $300 per year. However, 20% of that is $60.00 Total LOST WAGE AND FUTURE WAGE and benefits to date: $45,060.00 at 20% $9,012.00 for next 18 years (retirement at age 60) = $162,216.00. Lost household Service 1. Cleaning Service, every other week - $150 per service. $300 per month = $3,600 per year. Future expense at 20% = $720 per year for 48 years = $34,560.00
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2. Driving Service - $50 per drive, twice a week for the past year = $5,200.00. Because she is/will be 80% recovered, there are no future expenses regarding this.
Loss of Consortium Pain and suffering for Mrs. Forrester: $100,000.00 Loss of Consortium for Mr. Forrester: $50,000.00 Loss of Consortium for each child: $25,000.000 = $50,000.00 Total LOSS OF CONSORTIUM - $200,000.00 Evaluation of claim My client's injuries, in this case, speak for themselves. She has suffered greatly due to Mr. Hart slamming
into her with his van and should be rightfully compensated. She has permanent scarring that will be a constant reminder to her of what happened that day, along with a permanent loss of life. Mr. Hart had admitted to hitting Mrs. Forrester, and in his deposition, he admitted to missing required brakes, driving more than the allowable hours for the day, driving a van that had known break issues that had not been repaired, his failure to sound the horn, his numerous speeding tickets and his two other accident, in which one resulted in injuries.
My clients have agreed to accept $2,205,642.00 in lieu of going to trial. You have 30 days from the date of service to decide if you would like to settle or take your chances with a jury in court.
Respectfully yours,
----------------------
Valpo Injury Law, Inc.
1555 N. 2
nd
St.
Valparaiso, IN 48383
P:(219)123-4567
F:(219)123-4568
attorneys@vil.com
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