DOCUMENTS AND PLEADINGS Mrs. Hatter is a new client. While standing in the check
ID: 456703 • Letter: D
Question
DOCUMENTS AND PLEADINGS
Mrs. Hatter is a new client. While standing in the check-out line at the local grocery store, Foods Deluxe, the automated belt conveyer belt caught her sleeve as she was placing her groceries on the belt. Flustered by Mrs.Hatter’s scream for help, the clerk was temporarily unable to turn off the belt. By the time the belt was shut off by another customer,Mrs.Hatter’s shoulder was dislocated and she had fainted, cutting her head on the counter as she fell.Mrs.Hatter does not have health insurance or disability insurance. She has not been able to work and has used all of her savings to pay her medical bills. She is unlikely to have a complete recovery and may never again be able to resume her work as an artist.Mrs. Hatter is also very upset about the loss of her one good outfit which was torn in the accident.
a) Prepare one demand letter for the Attorney.
b) Using the facts of the scenario presented in Exercise 12, Prepare a complaint on behalf of Mrs. Hatter, Also prepare a complaint on behalf of Foods Deluxe. You may embellish the facts to support the claim as long as you remain within the facts provides above. The names and addresses of any law firms, Attorneys, etc…should be fictional.
Explanation / Answer
Nathan Astle
Attorney at Law
202 Street
Rast, Washington 324510
To: Mal Birfique
From: Martin Crowe, Nathan
Date: May 26th, 2016
Re: Mrs. Hatter vs. Foods Deluxe
DEMAND FOR SETTLEMENT
Dear Mr. Birfique:
The CEO of Foods Deluxe has informed our office that you have been given the responsibility in the matter of Mrs. Hatter’s injury. Mrs. Hatter has retained the office of Bruce Wayne in order to pursue remedies for negligence against Foods Deluxe.
I. Accident Facts
Mrs. Hatter was standing at the check-out line of Foods Deluxe on May 20th, 2016. The automated conveyer belt caught her sleeve as she placed her groceries on the belt. No employee was able to turn off the belt. Mrs. Hatter’s shoulder was dislocated by the force of the belt. This caused Mrs. Hatter to faint from the pain and fall. The fall resulted in lacerations to her head. A passing customer shut off the belt in order that Mrs. Hatter might escape the machine.
II. Injuries
Mrs. Hatter’s dislocated shoulder required a doctor to be put back into its socket. The lacerations to her scalp and forehead required stitches. It was necessary to take CAT scans to ensure that she had not undergone any brain damage from the blow to her head.
Dr. Seuss, Mrs. Hatter’s primary physician, was able to stitch the lacerations to Mrs. Hatter’s face and scalp. Dr. Seuss was also able to establish that the blow to Mrs. Hatter’s head did not cause a concussion. Dr. Seuss referred Mrs. Hatter to a specialist for her shoulder, as well as for possible cosmetic repairs to her face.
Dr. Who administered muscle relaxants before sliding Mrs. Hatter’s shoulder back into joint. This procedure caused significant pain, and Mrs. Hatter will be unable to use the shoulder for four months.
Mrs. Hatter’s clothing was destroyed by the belt. In addition to the cost of replacement, this exposed Mrs. Hatter’s undergarments during the time that she was knocked unconscious, resulting in extreme embarrassment.
III. Costs
A. Medical Costs
1. Ambulance service (05/20/16)
$1000
2. Dr. Rambassey admittance fee (05/20/16)
$1000
3. Dr. Rambassey outpatient surgery (stitches) (05/20/16)
$1000
4. MRI scan (05/23/16)
$1000
5. Dr. Whittal admittance fee (05/21/16)
$1000
6. Muscle relaxants (generic) (05/20/16)
$1000
7. Dr. Whittal outpatient procedure (05/23/16)
$1000
8. Expected cost of cosmetic surgery
$1000
B. Property Damage
1. Rosie Marigold dress
$1000
C. Lost wages
Mrs. Hatter works as a freelance artist. Her pieces sell for anywhere from $2,000 to $10,000. Mrs. Hatter typically completes one piece or two per month. Because her work requires two hands, she will not be able to work for at least four months, and because the damage to her shoulder may be permanent, she may never be able to do similar work again. Thus, Mrs. Hatter’s lost wages are at least $22,000.
D. Pain and Suffering
While such damages would normally be left up to a court, Mrs. Hatter may have permanent facial scarring and disability in addition to her embarrassment and the excruciating pain of a dislocated joint and stitches. The case history within Gotham City suggests that Mrs. Hatter would receive no less than $7,000 for her pain and suffering.
IV. Demand
This letter serves as a settlement demand in the amount of Sixty Thousand Dollars ($60,000) to be paid by certified funds, no later than August 1st, 2011. This settlement amount and any future correspondence should be sent directly to the undersigned.
I trust that you will give this matter your most serious attention and will assist in avoiding additional attorney’s fees and court costs by accepting this settlement proposal.
Sincerely,
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