Mr. Andrew Milligan has not been successful in negotiating a settlement with the claims adjuster, Ms. Margaret Dodd. So Mr. Milligan comes to your office requesting that your law firm bring a lawsuit against Adolf's Supermarket. Mrs. Jill Kirkland, the attorney in your office, has asked you to prepare a Summons, a Complaint, and a Civil Case Cover Sheet in preparation of filing a lawsuit against Adolf's Super Market. Mrs. Jill Kirkland, at The Law Office of Kirkland and Associates, has been an attorney for 10 years, and her California Bar Number is 232323. The law office is located at 280 S Lemon Ave, Walnut, CA 91788. Because Adolf's Supermarket is located in Walnut, CA, the proper venue to file this lawsuit would be at Los Angeles County Superior Court - East District -West Covina Courthouse.

You must upload these documents in Canvas or attach them to the comments section for the assignment. I will not except any documents that are emailed to me.

There's many places where you can find these documents. Here are a few links to help:

https://www.courts.ca.gov/forms.htm?query=civilLinks to an external site.

https://www.courts.ca.gov/documents/cm010.pdfLinks to an external site.

Links to an external site.https://www.courts.ca.gov/documents/sum100.pdfLinks to an external site.

Links to an external site.https://www.courts.ca.gov/documents/pldpi001.pdf Links to an external site.Links to an external site.

There are three (3) documents that must be completed and uploaded into Canvas for this extra credit assignment:

• Civil Case Cover Sheet
• Summons
• Complaint

October 4, 2022

Ms. Margaret Dodd

Claims Adjuster

Mercury Insurance Company

Rancho Cucamonga, CA 91729

Re: Claim Number: 123456

Your Insured: Adolf's Supermarket

Claimant: Andrew Milligan

Claimant: DOB: 11/08/1980

Date of Loss: 10/05/2021

FOR SETTLEMENT PURPOSES ONLY

By starting your letter with the words "For Settlement Purposes Only," you are making clear you have a reasonable expectation of confidentiality. What you discuss in your settlement demand letter can't be later used against you if your claim doesn't settle and ends up in trial. (Courts are overloaded with personal injury cases. It can take a year or more for some cases to get to trial. To reduce the glut of cases on their dockets, judges urge parties to settle their differences out of court, and afford settlement negotiations a form of qualified confidentiality.)

Dear Ms. Dodd:

As you know, on October 5th, 2021, I was seriously injured when I slipped and fell on your insured's premises. The evidence clearly shows your insured's negligence was the direct and proximate cause of my injuries and resulting damages, including medical and chiropractic bills, out-of-pocket expenses, lost wages, and pain and suffering.

"Direct and proximate cause" is a legal phrase connecting the at-fault party's negligence to your damages. It eliminates the possibility other intervening factors may have caused your injuries. You'll also notice throughout the sample letter we never refer to your slip and fall as an "accident." The word accident implies no one was at fault for your injuries.

STATEMENT OF FACTS

On Saturday, October 5, 2021, at approximately 10:00 a.m., I was shopping at Adolf's Supermarket located at 1010 Main Street, Walnut, CA 91788. At the time, I was not distracted and was fully aware of my surroundings.

This statement addresses and eliminates claims by the insurance adjuster that you might have contributed to your own fall (and your resulting injuries) by acting recklessly or by not paying attention.

As I was walking down Aisle 4, labeled "Fresh Produce," I noticed the misting machines were on. Mist was being directed over the fruit and vegetables. As I approached the center of Aisle 4, I suddenly felt my legs go out from under me. As they did I was viciously hurled downward onto the cement-like floor.

Using adverbs like "viciously," or adjectives like "cement-like" serves as a graphic reminder to the adjuster how serious your fall was.

As I plummeted downward, my right knee turned unnaturally to the left. I immediately felt an acute and searing pain in my right knee. I looked down and noticed my pants were soaking wet. I quickly surmised run-off water from the mister had pooled beneath me, and the pooling caused me to slip and fall.

Fortunately, another shopper saw me fall and immediately came to my aid. Her name is Susan Smith and she resides at 177 Main Street, Walnut, California, 91788. Her telephone number is 555-134-7676. It is my understanding you have spoken with Ms. Smith and she has confirmed she saw me fall. She has also confirmed she saw pooled water beneath me. A copy of her statement is attached.

Ms. Smith sought out the manager, John Blevins. I explained to him that I slipped and fell on pooled water in Aisle 4, and as a result, my knee was injured. Mr. Blevins stated he had been "having trouble" with the store's mister.

Statements made by a property owner, store manager, or employee that show he or she was aware of a dangerous condition are important to your claim. They show the insured knew or should have known a dangerous condition existed.

I asked Mr. Blevins if he was going to create an incident report for my fall. He indicated he would. When I asked him to give me a copy of the report, he said he would have to check with his superior. When I subsequently contacted Mr. Blevins about the incident report, he said he wasn't permitted to give me a copy. I am confident you have a copy of that report and have reviewed it.

Most store managers must prepare incident reports when customers are injured. You can be confident the claims adjuster has already reviewed the incident report about your injury. While stores and insurance companies aren't required by law to voluntarily give copies of incident reports to victims, if your claim can't be settled and you must file a lawsuit, you can subpoena the report.

There were no signs cautioning me or other shoppers about the wet floor, nor was the area where I fell cordoned off.

Many slip and fall injuries could be prevented by visible caution signs or condoning off a dangerous area. The lack of such preventative measures strengthens your claim.

The pain in my right knee was so excruciating that I could barely stand. I felt nauseous. I asked Mr. Blevins to call 911 and request the paramedics be dispatched. The paramedics arrived several minutes later. After stabilizing me, they transferred me to the Kaiser General Hospital Emergency Room.Do your best to incorporate your own facts into the demand letter. You want to paint a vivid and graphic picture of the events surrounding your slip and fall and its immediate aftermath. Doing so leaves little or no room for the adjuster to substitute the insured's version of the facts.

INJURIES & TREATMENT

I was examined by Sarah Dolan M.D. at the Kaiser General Hospital's Emergency Room. After an initial examination, Dr. Dolan ordered an MRI of my right knee. The MRI showed that I had sustained a severe sprain to the ACL in my knee - a grade-one injury.

Wherever possible, use accurate medical terminology to describe diagnostic examinations and the exact nature of your injuries.

Before October 5, 2020, I had not sustained any type of injury to my right knee or ACL.

This statement rules out any contention your current injury was an exacerbation of a previous injury, or that there were intervening factors that could have caused the injury.

Dr. Dolan advised me to rest and seek physical therapy. To hasten the healing process, Dr. Dolan ordered four weeks of intense physical therapy with alternating bed rest. To address pain issues, Dr. Dolan prescribed Vicodin 5mg #30, one every four hours as needed for pain, and Flexeril 10mg #30, one every six hours for pain.

Dr. Dolan also instructed me not to return to work at my job as a restaurant waiter during the four weeks of therapy. Doing so, she stated, would likely exacerbate my knee injury and prolong my recovery time.

This makes clear to the adjuster you aren't a malingerer. Instead, it shows that by following doctor's orders you will heal faster and be able to return to work sooner.

Following Dr. Dolan's instructions I sought treatment at the All-Care Clinic located at 1145 Bell Avenue, Diamond Bar, California, 91744. For the next four weeks I underwent a prolonged and painful recovery.

On November 4, 2021, I completed my treatment at the All-Care Clinic and returned to my job as a waiter at the Happy Trail Restaurant, located at 1566 Bell Street in Diamond Bar, California, 91744.

OUT-OF-POCKET EXPENSES

Driving distance to and from treatment at the All-Care Clinic totaled 150 miles, which at $0.55 per mile equals $82.50. Medications totaled $200.00. Crutches cost $75.00.

LOST WAGES

I have worked as a waiter at the Happy Trails Restaurant since May 2012. At the time of my fall on your insured's premises, I was making approximately $15.00 an hour. Because I was unable to work from October 5, 2021 through November 4, 2021, I had no income during that period. As a result, I lost $3,000.00 in wages.

PAIN AND SUFFERING

This entire episode has been physically and psychologically devastating. I never asked for any of this to happen. Before your insured negligently permitted water to pool in an area with high foot traffic, without placing a caution sign, I was living a full life, free of pain and discomfort.

Since my injury, I have suffered from extreme pain and discomfort, anxiety, guilt, and depression, all directly attributable to your insured's negligence.

Without income, I was forced to borrow money from family members and friends. This was embarrassing and resulted in tension in my marriage. Moreover, because of the pain and suffering I've endured, I was also unable to enjoy the intimacy I previously shared with my wife.

Loss of intimacy with a spouse is called "loss of consortium." Loss of consortium has historically been recognized by the courts as a valid and compensable form of damages.

My intention is to settle this claim amicably. I would prefer not to retain an attorney, but unless you are prepared to settle this claim fairly, I will have no alternative but to immediately seek legal representation.

This statement is a professional reminder, not a threat, to the adjuster that you won't be taken advantage of, and that you expect her to take you, and your claim seriously.

ATTACHED EXHIBITS

Witness Susan Smith's Statement

County of Los Angeles Paramedic Report

Lost Wage Verification signed by Happy Trails Restaurant Manager Sam Spade

Kaiser General Hospital Medical Bills

Medical Narrative of Sarah Dolan, M.D.

All-Care Clinic Narrative and Bills

ITEMIZATION OF DAMAGES

Kaiser General Hospital All-Care Clinic Out-of-Pocket Expenses Lost Wages Happy Trails Restaurant

$1,800.00 $3,000.00 $157.50 $3,000.00

DEMAND

After careful consideration of the issues involved in this claim, and a review of jury verdicts and insurance settlements with similar fact patterns, I believe the amount of $21,860.00 represents a fair and equitable settlement amount.

In "soft tissue" injury claims such as the one depicted in this sample letter, you can use a multiple of anywhere from 2 to 5 times medical bills to begin negotiations. In this claim, the medicals bills totaled $4,800.00. While demanding $21,860.00 (4x medical and chiropractic bills, plus expenses and lost wages) may be at the higher end of the settlement demand range, such an amount leaves room to negotiate.

Thank you for your prompt attention to this matter.

Yours truly,

_________________ Andrew Milligan 1567 South Mill Ave Walnut, CA 91788

Home: 555-678-6666 Cell: 555-587-6698 Work: 555-486-3356 Email: a..m@ internet.com