| SUMMARY SERVICES |
EXCERPT FROM PERSONAL INJURY
SETTLEMENT DEMAND LETTER
(The introductory paragraph has not been included on
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Accident:
The accident occurred on January 25, 2001 on a X-Y-Z Tours bus, in which Jane Doe was a passenger. Ms. Doe is a seventy-three year old widow who had signed up for a pleasant excursion and instead was treated to a grueling brutal ride by a bus driver with apparent road rage.
The bus driver, Joe Quick, was angry and in a hurry. He sped down the winding mountain road from Reno, Nevada to the Central Valley, cutting corners and fishtailing around the curves and turns. He careened across the centerline of the road crossing into oncoming lanes. The bus wound its way through the steep mountain road at speeds of up to 35 mph over the posted limit. Ms. Doe and another passenger, John Doe, attempted to convince the X-Y-Z Tours bus driver to slow down and drive more carefully, but he would not and his response to their appeal was inflexible and confrontational.
The bus finally reached the flatlands near Sacramento, when Ms. Doe got out of her seat and went to the back of the bus to go to the bathroom. The bus was still traveling at excessive speeds and quickly overtook a car, nearly rear-ending it. Mr. Quick yanked at the steering wheel and slammed on the brakes. The bus swerved sharply hurling Ms. Doe to the floor. She fell, hit her head and was knocked unconscious. Simultaneously, other passengers were brutishly knocked about, thrown to the floor, slammed into each other and against the seats, arm rests and walls of the bus.
After the Accident Mary Good, a passenger who was a registered nurse, offered to help injured passengers. She aided those that she could, including Ms. Doe. She confronted Mr. Quick regarding the accident, but he continued to speed down the road.
Further down the highway, due to the dangerous manner of his driving, the X-Y-Z Tours bus had a tire blowout and veered off of the road. Again Mr. Quick slammed on the brakes as all of the passengers lurched forward while the bus came to an abrupt halt, further exacerbating Ms. Doe’s injuries.
The passengers were stranded in the cold for hours on the side of the highway in the X-Y-Z Tours bus until the tire was replaced. After the tire was changed, the X-Y-Z Tours bus returned to the road and continued on traveling at speeds up to 85 mph.
Before leaving the bus, Ms. Doe complained to Mr. Quick about his poor driving performance and her injuries sustained when she fell. In response, Mr. Quick did not apologize, show concern or offer to help her procure medical assistance. After being rude to Ms. Doe, he brusquely walked away leaving the passengers no choice than to open the bus' baggage compartment, crawl in and retrieve their own luggage. Ms. Doe was left to haul her own bags, despite her seventy-three years.
Injuries:
Ms. Doe sustained injuries from the accident, including a concussion/contusion of the right parietal areas of the brain, cervico-dorsal strain, contusion/sprain of the right shoulder with pain and tingling down to the hand and fingers, and contusion of the left thigh with pains in the left leg down to her toes. She experienced pain in her abdomen from the accident; moreover, she suffered deep intermittent pain due to myalgia and myositis, cervical subluxation of C1, and cervico-cranial syndrome.
Her injuries caused her to have loss of balance, numbness, and loss of range of motion of the left side of her body, including the shoulders, hips and legs together with cramping of her feet and toes. Additionally, as a result of the accident, Ms. Doe suffered dizziness, ringing in the right ear and hearing loss.
Even though, Ms. Doe has received treatment from Ann Smith, M.D. and Harold Bell, D.C., her numbness and cramping, with loss of balance and range of motion, have persisted since the accident.
Medical Treatment (records attached)
Ann Smith, M. D.
From January 28, 2001 to April 15, 2001, Dr. Smith treated Ms. Doe twelve times for cerebral concussion/contusion of the right parietal areas, cervico-dorsal strain, contusion/sprain of the right shoulder, and contusion of the left thigh. Dr. Smith noted the injuries that Ms. Doe had received from the bus accident and subsequent exacerbation during the bus ride. Ms. Doe's head was tender and swollen on the right side. Her neck had limited range of motion. She had bilateral tender tight trapezius muscles, especially on the right side, and a tender bruised distal clavicle, AC joint, and shoulder. She was also unable to keep hr balance.
Dr. smith prescribed a topical salve for muscle tenderness and an over the counter medication for relief of pain. Dr. Smith referred Ms. Doe to Dr. Harold Bell for evaluation and treatment directed at Ms. Doe's musculo-skeletal injuries and loss of balance.
(Dr. Ann Smith, M.D.
bill: $____ )
From February 11, 2001 to December 15, 2001, Dr. Bell treated ms. Doe fifteen times for cervical sprain/strain injuries, myalgia and myositis, together with cervical subluxation of C1 and cervico-cranial syndrome, caused by the injuries incurred from the bus accident and subsequent exacerbation during the bus ride. At the time of her first visit, Ms. Doe was still experiencing numbness and pain. The plan of treatment was manipulation, joint mobilization and spa baths to reduce sharp pains, inflammation and tenderness due to trapezius spasms between her shoulders, neck stiffness, and feet and toes cramps, together with decreasing numbness and increasing range of motion on the left side of her body, and restoring her balance. During the course of treatment, Ms. Doe had steady improvement from pain, numbness and loss of balance. However, her condition has not returned to pre-accident status and she still sufferes pains, numbness and some difficulty with her balance.
(Harold Bell, D. C.,
Bell Chiropractic Care bill : $____ )
Statement of Law:
Your insured was clearly at fault and is responsible for the conduct of its employees, especially concerning the unsafe and negligent manner in which the X-Y-Z- Tours bus driver operated the X-Y-Z- Tours bus. The driver exceeded the posted speed limits, drove in an unsafe and negligent manner, and failed to protect the passengers from harm. Your insured is therefore liable for causing the damages and injuries suffered by Ms. Doe. Additionally, your insured is held to a higher standard of care as a provider of transportation for hire.
Conclusion:
Since the accident, Ms. Doe has ceased in participating in activities such as bus tours, outings, and her former regular social schedule. Prior to the accident, she was an active woman. Now she lives in a world limited by pain.
Your insured is responsible for the pain resulting from the injuries Ms. Doe sustained in the accident, as well as the further exacerbation of those injuries during the excursion by the continual reckless driving. Your insured bears the liability for the medical treatment, and the loss of ability to do her chores, housework, shopping and regular activities as a result of her injuries.
Your insured is at fault for causing the damages and injuries suffered by Ms. Doe. Your insured should have put safety first for those on board the bus. Your insured driver exceeded the speed limits and drove so badly and with such rage that he injured the passengers.
Ms. Doe will welcome an offer to settle this matter . . .
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