Legal Case: Litigation Plan
At this time I am submitting the following litigation plan: Litigation Plan
● Current Analysis of:
○ Facts: The plaintiff was traveling North on Alabama Highway 21 in Oxford, Alabama. This is also known as Quintard Avenue. The defendant was attempting to cross the north bound lane of Highway 21 from a small adjacent service street. In the accident report, the co-defendant tort feasor says “his foot slipped of the brake”. His vehicle pulled out in front of the plaintiff’s. The plaintiff was estimated to …show more content…
The tort feasor admitted to pulling out in front of the plaintiff when his foot slipped off the break. It appears the tort feasor does not have insurance. Since police officer’s have the ability to check for coverage in there computer system they usually only cite driver for failure to have proof of insurance if they confirm no insurance policy is in effect. Still, I will confirm that fact if and when I am able to meet with the tort feasor. ○ Injury: The plaintiff was taken from the scene in an ambulance to Regional Medical Center in Anniston, Alabama. A pliminary look at the State Farm file indicates that X-rays were negative on that first date. However, the plaintiff seems to be making a large claim for injury to his knee. There is some indication that a knee injury may have existed from an injury the plaintiff’s sustained at his job. Since all we have at this point is information provided by the plaintiff, we will subpoena records from all service providers in order to confirm the diagnosis first …show more content…
With clear liability on the part of our co-defendant, we have incentive to settle. If we can locate our co-defendant, we will likely enter an agreement wherein we will agree to defend the co-defendant and possibly allow State Farm to opt out of the litigation.
● Current Analysis and Recommendation on Settlement/alternative dispute resolution:
I agree with your assessment, the plaintiff appears to be attempting to get paid for an injury that is unrelated to this accident. With an uninsured, missing co-defendant tort feasor, the arrangement of parties is not ideal. A reasonable settlement would defiantly be the best alternative, but we seem to be very far from reasonable with a demand of $574.00. Once I have a greater understanding of the plaintiff’s treatment from our written discovery, I will contact the plaintiff’s attorney to gauge the possibility of him making significant