Richard Whack V. Greeves

Unit 9
Settlement Letter
Final Draft

James Draper

Legal Writing PA105-01 Professor: Brian Tippens J.D.

Law firm of:
Chase, DiLiver and Billum,
456 Main Street,
Plainview, GK, 12345

10/31/2010
To: Whack, Raze and Runn, Attorneys for Sunny Dale Gardens 123 Central Avenue, Plainview, GK, 23456 Attn: Richard Whack Esq.
From: Chase, Diliver and Billum Attorneys for Mrs. Greeves

Re: Proposed Settlement

Dear Counselor Whack,

On behalf of our client and in the interest of reaching an amicable resolve without extensive litigation, we propose to accept the sum of $92,000, as payment in full, to dispose of the matter.
The requested sum is based upon actual damages; past, present and future and does not reflect any attorney fees, legal costs or punitive damages; those which your client may incur through ongoing litigation.
However, this firm is prepared to forego these fees, if this notification results in an early settlement. In the alternative, our firm is prepared to move forward to trial.

We are confident that our client will prevail in going to a trial on the merits; whereby, in view of all applicable elements, and based upon the following rationale, the court will more than likely rule against your client finding the liability in both his actions and his inaction, to be compensable. It is reasonable to presume what irreversible damage to your client’s reputation will likely occur with a jury verdict of guilt, inevitably causing loss of revenues.

With all due respect, counselor, your client had clearly neglected the duty owed to our client, that being, to maintain the working condition of the appliances which he derives a profit from in his business endeavors, the absence thereof, caused Mrs. Greeves considerable loss and
hardship.

To offer reference; Mrs. Greeves has generated an itemized list of everything she had lost in the fire, equating to damages in excess of $50,000. It is also a fact that, the fire forced her to vacate her home of a number of years, and to incur hotel and restaurant expenses for several weeks until she located a satisfactory replacement for her apartment home. The apartment she found was of a size and quality consistent with the one she vacated, however the new unit rents for 15 percent more a month. She has been in the new apartment for six months, and is still so traumatized that she has yet to use the (electric) stove and, accordingly, continues to incur the costs of eating out. Additionally, she is undergoing psychotherapy for her trauma, of which only 50 percent is covered by her medical insurance. And lastly; how can a dollar value be placed on her lost family heirlooms? At present, we have identified and fully evidenced all of the elements which must be proven to prevail, (see attached “Brief”) by thorough investigation of prior reports, by other residents and the fire marshal’s findings concerning the stove defect.
(See attached “Exhibits” 1-8) Our client’s argument is well grounded on the holdings of a number of cases such as:
• Aetna Casualty & Surety Co. v. Brown, 256 So.2d 716 (La. Ct. App. 1971)
• Bazaure v. Richman, 336 P.2d 1014 (Cal. Ct. App. 1959)
• Felshin v. Sir, 5 So.2d 600 (Fl. 1942)
• Travelers Insurance Co. v. Zang, 341 So.2d 88 (La. Ct. App. 1977) The latter of which represents an identical set of variables, which our client’s case rests squarely upon; whereby, in Travelers, the court held the landlord liable and ruling in favor of the lessee.

It should be apparent that an early settlement may be the most advantageous resolve for everyone involved. You are free to consider your alternatives with your staff and your client; however our client will only honor this proposal for 10 days beyond the date it is received by your client. Thank you for your diligent attention to these matters.

Sincerely,
Chase, Diliver and Billum
Attorneys for Mrs. Greeves

Encl. Exhibits 1-8 Defendant’s Brief