Burns - Demand Letter - Page 2
Automobile Accident
Demand Letter
This is a demand letter from an actual case. The names of all parties have been changed.
CAUSE NO. XX-XXX97
| JAMES GERMAINE, et al VS. PRIVATE AUTOS CORPORATION |
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IN THE DISTRICT COURT GREEN COUNTY, TEXAS 800TH JUDICIAL DISTRICT |
I - FACTUAL SYNOPSIS
In 1995, six sisters from the Millert family from Orchard decided to meet in August, 1996, for a joyous occasion: a family reunion. Among the families who ventured to Red Oak, Texas, in August, 1996, for the reunion were sisters Sally Waymond of Elcamino, Arkansas, Krystle Rawlins of Seattle, Washington, and Judy Germaine of Orchard, Texas.
After a Saturday of celebration on August 28, 1996, Lee and Sally Waymond decided to take four of the youngest children back to their hotel in Red Oak where the youngsters could enjoy a slumber party.
Lee Waymond was driving the 1992 Stallion Glider Excel Sunset which he had purchased one week earlier, and his wife Sally was riding in the right front seat. Seated on the sedan seat directly behind the driver were Timothy Waymond, age 7, and Annette Rawlins, age 7. Seated next to them behind Sally Waymond were Wendy Germaine, age 6, and Lee Lynette Waymond, age 8.
As Lee Waymond stopped the Glider at a red light at the corner of State Highway 249 and Zion road at 12:40 a.m. on Sunday, August 28, 1996, there were three very important facts which he did not know. First, he did not know that a drunk driver was approaching the Glider from the rear in the same lane and that the driver, Steven Stamply, would be unable to stop due to his intoxicated condition. Second, Lee Waymond did not know that due to the defective design of the fuel containment system in his Stallion Glider , the vehicle was about to become a fiery deathtrap upon impact. Third, Lee Waymond did not know that the driver's seat in which he was driving was designed by Private Autos to collapse backwar on impact and that this collapsing seat would trap his son Timothy and niece Annette as all three of them burned to death. Finally, Lee Waymond would not live long enough to know that his family was destroyed in this horrible tragedy; that in addition to his death and Timothy's death, his wife, Sally, would be burned over forty-five percent of her body and his daughter Lee Lynette would be burned over eight-five percent of her body. He would also never learn of the horrors of his niece, Wendy Germaine's being burned over fifty-two percent of her body.
In the early morning hours of August 28, 1996, the Waymond, Germaine and Rawlins families were victimized, first by a drunk driver who caused the collision and second by the Stallion division of Private Autos whose defective design of both the fuel containment system and the seat assembly led to the devastating injuries and deaths which arose out of this survivable collision.
The evidence is clear from interviews with the injured parties and the review of the medical records of the three survivors that they escaped the collision with Stamply's Ford F-150 without injury. All of the horrible injuries sustained by the survivors, Sally Waymond, Lee Lynette Waymond, and Wendy Germaine, were the result of the instant conflagration which arose from the defective design of the fuel containment system in the 1992 Stallion Glider Excel Sunset.
The evidence is even more compelling that the three decedents would have survived the collision uninjured except for the fuel tank leakage. The collision with Stamply was not only survivable but was survived. The cause of the deaths of Lee Leonard Waymond, Timothy Waymond, and Annette Rawlins was the combination of instant conflagration and the collapse of the driver's seat.
When Lee's seat collapsed, as designed by Private Autos to prevent whiplash, the two children on the sedan seat directly behind Lee were entrapped under the driver's seat and under Lee's weight. The conflagration overcame Lee and the two children before the seat could be raised. Significantly, the three occupants of the Stallion Glider who were seated on the side where the driver's seat collapsed were slowly and torturously burned to death as demonstrated in the autopsy reports. The three passengers on the side where the front seat did not collapse, survived. Since the children on the sedan seat on the passenger side, Lee Lynette Waymond and Wendy Germaine, were not trapped under Sally's seat they were thrown out of the vehicle and despite horrible burn injuries, they at least emerged alive from this tragedy.
The fact will not be lost on a Texas jury that the three passengers on the side of the Stallion Glider where the seat collapsed burned to death, while the three passengers on the side where the seat did not collapse survived. The jury will also see clearly that the six victims survived the collision with Stamply's vehicle only to be victimized by the defective design of the Stallion Glider Excel Sunset.
Despite the presence of numerous emergency units on the scene of this tragedy, nothing could be done for the three victims who were trapped by the collapsing seat. The fire in the Stallion Glider continued to burn for more than forty-five minutes after ignition. The charred remains of the bodies were not finally removed until the next morning.
The three burn victims were flown by LifeFlight helicopter to Lakeside Hospital where immediate life saving efforts were initiated. Sally Waymond was admitted to the burn unit at Lakeside under the care of Dr. Donald Parks. She was to remain hospitalized from August 28, 1996, until August 31, 1996, a total of thirty-five (35) days during which she incurred $304,279.06 in medical expenses. During Sally's hospitalization in Orchard, Texas, her husband Lee Leonard and her son Timothy were buried in Arkansas without Sally's having the opportunity to pay her final respects to her beloved family members. Throughout her hospitalization, there is ample evidence that Sally consistently expressed more concern over the well being of her daughter, Lee Lynette, who was hospitalized fifty miles away at the St. Stephen Burn Institute in Smithville than she expressed for her own horrible injuries. It was a source of considerable mental anguish to Sally that she was unable to be at Lee Lynette's bedside during this most horrible period in the child's life.
Lee Lynette Waymond was taken to Lakeside Hospital by LifeFlight Helicopter where she was stabilized and was then immediately sent to St. Stephen Burn Institute in Smithville. Lee Lynette was hospitalized from August 28, 1996, to September 7, 1996, a period of forty-two (42) days during which she was treated for burns over 85% of her total body surface area. Her hospitalization was under circumstances more painful than it is possible to imagine. In this devastating period of physical pain and mental anguish, Bobbie was concerned about the well-being of her father, her brother, and her mother and had difficulty understanding why they did not visit her in this time of extreme despair. She was finally advised that her father and brother were dead and that her mother was hospitalized in Orchard and that she would have to confront this tragedy alone. It is overwhelming to try to imagine the mental anguish which an eight-year-old child must experience when she is burned over eighty-five percent of her body, in constant excruciating pain and mental anguish, and also has to confront the death of her father, the death of her brother and the injury of her mother without assistance from her immediate family. The value of the reasonable and necessary medical services rendered to Lee Lynette during her hospitalization is $407,190. The value of the total medical expenses for her lifetime will be in the range of $750,000 - $800,000.
Wendy Germaine was flown from the accident scene directly to St. Stephen Burn Institute in Smithville where she was stabilized and immediately treated against infections with multiple antibiotics. Wendy was hospitalized from August 28, 1996, until August 30, 1996, 1996, a total of thirty-four (34) days during which she was treated for burns over 52% of her total body surface area. During her hospitalization at St. Stephen Burn Institute, Wendy had a very difficult time and was, in fact, life threatened by her injuries. Several of her burns were very deep and have caused horrendous scarring and disfigurement. The life care plan on Wendy is currently being prepared, but we anticipate that the medical expenses will be approximately the same as for Lee Lynette. The total past and future medical for each of these two children will be in the range of $750,000 - $800,000 Dollars.
The purpose of this letter is to review the basis of liability of Private Autos, the horrible burn injuries of the three survivors, Sally and Lee Lynette Waymond and Wendy Germaine, and the cause of the incineration deaths of the three victims, Lee Leonard and Timothy Waymond and Annette Rawlins, and to propose a basis for settlement negotiations at mediation.
II - PARTIES
A. PLAINTIFFS - THE RAWLINS FAMILY
Krystle Rawlins seeks damages individually and on behalf of the estate of her daughter Annette Rawlins, who was burned to death when she was trapped under the driver's seat of the Stallion Glider when it collapsed on impact. Understandably, Krystle has been devastated by the loss of her daughter, particularly since she had endured the death of her son, Martin, five years earlier. Krystle is attractive and intelligent and will make an Excellent witness in her own behalf.
B. PLAINTIFFS - THE GERMAINE FAMILY
Wendy Germaine, age 6, was burned over fifty-two percent of her body in this tragedy. We will show through photographs, videotapes, and eyewitness accounts of those who knew her before this tragedy that Wendy was a lively, beautiful and playful child who thoroughly enjoyed life and brought pleasure to all who knew her, especially her parents James and Judy Germaine. James and Judy will win the admiration of the jury for the brave manner in which they have dealt with this tragedy which has befallen their daughter and their entire family.
C. PLAINTIFFS - THE WAYMOND FAMILY
Sally Waymond and Lee Lynette Waymond have the most substantial personal injury damage claims which I have seen in thirty-one years of handling cases of this type. Sally is enduring the death of her husband which also led to the complete loss of the family business; the death of her seven-year-old son Timothy; the severe burn injury to her nine-year-old daughter Lee Lynette who is burned over eighty-five percent of her body; and her own devastating personal injuries which include burns over forty-five percent of her body.
Sally is now left alone to cope with raising three children after having lost her business partner, her home, her transportation, her ability to earn a living, and after incurring hundreds of thousands of dollars of indebtedness. Despite these devastating damages, Sally remains strong and courageous as she confronts the horrible consequences of the incineration of her family. She is currently working outside in the sun, painting and hanging drywall despite her horrendous injuries. She is greatly limited in the use of her arms due to the tightness of the skin and this poses problems in climbing ladders and hanging drywall. She also has to remain fully covered since she is not supposed to be exposed to either sun, heat, or cold. The jury will appreciate the courage which Sally Waymond is exhibiting in order to support her family and provide a home for her three children -- alone.
Lee Lynette Waymond is a nine-year-old child with burns over eighty-five percent of her body. She now confronts a lifetime of future surgeries, extraordinary medical expenses, excruciating pain, mental anguish, physical disability and physical disfigurement which will last for the next seventy-one years.
In addition to her own devastating and excruciatingly painful personal injuries, Lee Lynette is coping with the loss of her father, Lee Leonard Waymond, who was killed in this tragedy. In addition, Lee Lynette is suffering from the loss of her best friend, constant companion and favorite playmate, her baby brother, Timothy. If these are not enough problems to impose upon a nine-year-old child, Bobbie is also having to cope with the severe personal injuries of her mother, as well as the consequences of the family having lost their home, their business, and their transportation. Lee Lynette will be a very sympathetic plaintiff in the eyes of the jury who will greatly admire her courage while sympathizing with her losses.
Timothy Waymond was the seven-year-old son of Sally and Lee, the baby of the family and a bright and outgoing child who loved and enjoyed life. Timothy was burned to death when the driver's seat in which his father was riding collapsed backwards on impact and trapped Timothy between the sedan seat and the driver's seat. The immediate conflagration rendered Timothy unable to extricate himself from under the seat and he suffered a slow and torturous incineration of his body.
Lee Leonard Waymond had the misfortune of buying the Stallion Glider Excel Sunset one week prior to this horrible tragedy. When Lee bought the Glider , he did not know that the seat was designed to collapse on impact in order to avoid whiplash injuries. Lee also did not know that the fuel containment system in the Stallion Glider was located in the primary crush and intrusion zone rendering his new car a fiery death trap, much like the Ford Pinto of earlier vintage.
Lee was the husband of Sally, the father of Timothy, the father of Lee Lynette, and the uncle of Wendy and Annette. Lee's death also touched other family members as he was also survived by his mother and three other children.
Christian Lyn Waymond, age 25, is the son of Lee Waymond by a prior marriage. As such, he is a statutory beneficiary under the Texas Wrongful Death Statute.
Plaintiff Robert Earle Waymond is Sally's son who was adopted ten years prior to this tragedy by Lee. As such, Robert Earle, age fourteen, is a statutory beneficiary of Lee under the Texas Wrongful Death Statute.
Plaintiff Gregory Wayne Waymond is the son of Sally and the adopted son of Lee. Gregory was seventeen at the time of Lee's death and is a statutory beneficiary of Lee under the Texas Wrongful Death Statute.
DeloresWaymond is Lee's mother who was sixty-six years old at the time of Lee's death. She is a statutory beneficiary entitled to recover under the Texas Wrongful Death Statute.
D. DEFENDANT - PRIVATE AUTOS CORPORATION
The Plaintiffs will prove that Private Autos Corporation is directly responsible for the nature and extent of the damages endured by the six occupants of the Stallion Glider . The unsafe and defective design of the fuel containment system resulted in a fire which never should have occurred. The unsafe and defective design of the fuel filler neck resulted in the fire immediately reaching the occupants thereby causing their devastating injuries and deaths. Unsafe design of the driver's seat caused the trapping of Annette and Timothy in the back seat where they burned to death.
The jury should have no difficulty in distinguishing between Steven Stamply as the cause of the collision and Private Autos as the cause of the fiery deaths and injuries. As Private Autos' former design engineer Dan Smith warned Private Autos fourteen years ago, it is foolish to design a car in which passengers survive the crash, only to burn to death.
E. DEFENDANT - STEVEN STAMPLY
Steven Stamply, as a result of driving while in a state of extreme intoxication (0.295) is now facing twenty-four years imprisonment. We will argue to a jury that Steven Stamply's intoxication was unforgivable and was the cause of the collision. However, it was not Steven Stamply's intoxication that caused the fuel containment system of the Stallion Glider to fail, thereby burning three people to death and destroying the lives of three others by fire. It was also not Steven Stamply who designed the Stallion Glider seat to collapse and trap two minor children in the back seat, thereby resulting in their burning deaths.
