I appreciate you taking the time to speak with me about the subject case. As mentioned, our co-defendant, Robert Barney, has been difficult to locate. This probably explains why he has still yet to be served by the plaintiff.
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 have been traveling at about 25 mph on contact. The co-defendant tort feasor was cited for having no proof of insurance. ○ Liability: The issue of liability is clear. The tort feasor admitted to pulling out in …show more content…
However, actual damages appear to have been much less. There is a hospital lien from Regional Medical Center for $1,304.54. There is also evidence of a collection notice from the Coosa River ER Physicians for $532.00. We are currently working on making a full wrap up of the total damages, including billing and collateral sources. I don’t expect that will match up with the plaintiff’s demand. ○ Potential outcomes: If the plaintiff is willing to make a massive compromise from his initial offer and enter a realistic world of negotiation, it is possible this will be case for settlement. 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
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 have been traveling at about 25 mph on contact. The co-defendant tort feasor was cited for having no proof of insurance. ○ Liability: The issue of liability is clear. The tort feasor admitted to pulling out in …show more content…
However, actual damages appear to have been much less. There is a hospital lien from Regional Medical Center for $1,304.54. There is also evidence of a collection notice from the Coosa River ER Physicians for $532.00. We are currently working on making a full wrap up of the total damages, including billing and collateral sources. I don’t expect that will match up with the plaintiff’s demand. ○ Potential outcomes: If the plaintiff is willing to make a massive compromise from his initial offer and enter a realistic world of negotiation, it is possible this will be case for settlement. 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