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Burns - Automobile Accident Demand Letter

Automobile Accident

Demand Letter

B. DAMAGES - DEATH OF ANNETTE

1. Basis of Recovery: Krystle is the natural mother and a statutory beneficiary of Annette pursuant to the Texas Wrongful Death Statute, Texas Civil Practice and Remedies Code, Section 71.001 et seq. The damages to which Krystle is entitled are pecuniary loss, loss of society and companionship and mental anguish.

2. Life Expectancy: Krystle was forty-two years old at the time of Annette's death. According to the 1993 United States Life Tables, Krystle was entitled to enjoy 39.1 additional years experiencing the joy of being Annette's mother.

3. Per Diem Argument: A 39.1 year life expectancy means that Krystle had 14,271.5 days or 228,344 waking hours in which to enjoy the love and companionship of Annette and the thrill of watching her life develop.

4. Damages:

a. Krystle Rawlins - Death of Annette

(1) Mental Anguish: The jury will need only watch Krystle Rawlins talk about her daughter in order to get an understanding as to the deep personal loss which Krystle has experienced and the mental anguish which plagues her every waking moment as a result of the death of her child.

Exacerbating the mental anguish which would accompany the death of any child is the horrible manner in which Annette died, i.e., trapped under the collapsed driver's seat, unable to escape as she slowly burned to death. We will ask a jury to award five dollars per hour for the mental anguish which Krystle is experiencing as a result of this horrible tragedy. This will total $1,141,720.

(2) Loss of Society and Companionship: To Krystle Rawlins, Annette was the principal person in her life, her soul mate, and her reason for living. The loss of the positive benefits flowing from the love, comfort, companionship, and society that Krystle would have received from Annette had she lived is incalculable but we will ask the jury to award five dollars per hour on the basis of Krystle' life expectancy which will total $1,141,720.

(3) Pecuniary Loss: The pecuniary loss to Krystle as a result of the death of Annette has been calculated by Dr. Stan Smith, President of Corporate Financial Group, Ltd. Dr. Smith's evaluation which is included in the exhibits to this letter is a loss to Krystle in the amount of $639,238.

(4) Funeral and Burial Expenses: $3,002.40

b. Estate of Annette - Survival Action

(1) Basis of Recovery: Pursuant to Texas Civil Practice and Remedies Code, Section 71.021, the Estate of Annette Rawlins is entitled to recover for the cause of action for personal injury which Annette would have had if she had not been pinned under the collapsing driver's seat and had survived the accident.

(2) Damages - Survival Action

The elements of damages for which Annette would have been entitled to recover had she lived are physical pain and suffering and mental anguish.

(a) Physical Pain and Suffering: It is obvious from the autopsy report that this child burned to death. She was not asphyxiated and did not suffocate but rather endured and experienced the horrors of having the flesh burned from her body to the point where her brain was cooked and her bones cracked from heat fracture. The pain involved in such an event is unthinkable but it will be the job of a Texas jury to put a dollar value on this event. We will ask a jury to award a minimum of $250,000 for the physical pain which this child endured in the final moments of her life.

(b) Mental Anguish: In Yowell vs. Piper Aircraft Corp., 703 S.W.2nd 630 (Tex. 1986) the Court allowed a recovery of $500,000 to compensate the passengers for the mental anguish, which the Court designated as pre-impact terror. This is the mental anguish which the passengers experienced as they knew they were about to die in a plane that was plummeting toward earth. We will ask compensation of an equal amount for the mental anguish which this child, trapped under the collapsed seat of the Glider and under the weight of her uncle, obviously experienced as she slowly burned to death and had no means of extrication.

C. JURY VERDICT POTENTIAL - DEATH OF ANNETTE

1. Krystle Rawlins - Death of Annette

a. Mental Anguish $ 1,141,720
b. Loss of Society and Companionship $ 1,141,720
c. Pecuniary Loss $ 639,238
d. Funeral and Burial Expenses $ 3,002

2. Estate of Annette - Survival Action

a. Physical Pain and Suffering $ 250,000
b. Mental Anguish $ 500,000

D. SETTLEMENT DEMAND - DEATH OF ANNETTE

Based upon the foregoing review of the liability and damages aspects of this case, we are offering to settle all claims of Krystle Rawlins and the Estate of Annette Rawlins arising out of this tragic occurrence for cash or a combination of cash and structured settlement of equal value on the following basis:

1. Krystle Rawlins: Death of Annette $ 1,450,000
2. Estate of Annette Rawlins $ 375,000

IX - DEATH OF LEE LEONARD WAYMOND


A. AUTOPSY REPORT OF LEE LEONARD

The office of the Medical Examiner of Clements County at Joseph Miltner Forensic Center, conducted the pathological Diagnosis on the father and driver of the Glider , Lee Leonard Waymond. It is the examiner's opinion that the decedent came to his death as a result of a charred body, motor vehicle accident, driver. Lee's wife had to identify his charred body which was found in the driver's position, seat collapsed, in the burning Glider . Lee was burned from the skin down to the bone, one of the most tormenting ways to die in horrifying pain as the skin is burned through the dermis, tissues, muscles and bones, cooking the bodily organs.

The postmortem examination is tediously detailed describing that Lee Waymond suffered a hideous, agonizing death. The reports indicate that as a result of this accident, Lee was severely charred front and back, nearly all of his skin and tissues burned away. Shockingly, Lee's heart, lungs and other internal organs were literally cooked in the extensive fiery heat. The examination, summarized in grisly detail, explains the effect of the blaze on Lee's body as follows:

1. Head - Lee's scalp was burned away, the top of his skull burned away so severely that the skull fractured and exposed his brain. Lee's eyes were severely charred and burned so darkly that the iris in each eye could not be determined for color content. His frontal and maxillary sinuses were completely exposed due to the burning away of the skin and tissues. His front teeth were burned and others were charred. Lee's mandible bone was exposed due to the flesh burning away from the jaw.

The dura of the brain was thickened due to the heat and cooking artifact. His bony architecture of his skull was obscured due to the severe burns and charring which fractured the skull. Lee's tongue, epiglottis, larynx and trachea and thyroid were burned. The skin and fat in his neck was burned away exposing the underlying neck muscles.

2. Chest - Lee's skin on his chest was burned away exposing his muscles and ribs. His scorched lungs and heart were viewed through two large openings, one in the right lower chest and one in the left chest which exposed his thoracic cavity. His lungs and heart showed severe heat and cooking artifact. There was evidence of heat artifact on Lee's heart chambers and his lungs. The pleural surface on the left lung was thickened due to the cooking and heat artifact.

3. Abdomen - The skin and fat had been totally burned away from Lee's belly and his charred intestines poured out. His belly skin was burned so badly that the rectus abdominous muscles protruded out. Lee's liver, adrenals and spleen had heat artifact. Most of the skin and fat on Lee's back was completely burned away.

4. Genitalia - Lee's external genitalia and perineum were severely charred. His kidneys indicated heat artifact and both testicles displayed severe heat artifact, were shrunken and exhibited cooked parenchyma.

5. Legs - Lee's legs were heat fractured and charred down to the bone. The right femur was broken severely with the knee joint exposed. The left knee joint was fractured and completely separated from the left femur. His thigh muscles were ruptured and exposed the fractured bones.

6. Arms - Lee's charred arms were scorched in a boxer's position. His bones were exposed and several of his muscles had ruptured from the heat.

B. DAMAGES - WRONGFUL DEATH OF LEE LEONARD

1. Basis of Recovery

When Lee Leonard Waymond died in this fiery crash on August 28, 1996, he was survived by six statutory beneficiaries who acquired rights to prosecute their claims under the Texas Wrongful Death Statute, Civil Practice and Remedies Code, Section 71.001 et seq.

Those statutory beneficiaries were his wife, Sally, his mother, Blanche, and his four surviving children, Lee Lynette, Daniel, Gregory, and Christian. The claims of Sally and Lee Lynette have already been discussed under their individual sections. This section will discuss the individual claims of these remaining statutory beneficiaries.

At the time of his death, a cause of action also accrued to the Estate of Lee Leonard Waymond under the Texas Survival Statute, Texas Practice and Remedies Code 71.021.

2. Life Expectancy

At the time of his death, Lee Leonard Waymond was forty-four years of age. According to the Vital Statistics of the United States, 1993 Life Tables, Lee's life expectancy on August 29, 1996, was 32.3 years.

3. Per Diem Evaluation

For purposes of this presentation, we will use the per diem argument, predicated on the life expectancy of Lee Leonard Waymond with respect to all of his statutory beneficiaries except DeloresWaymond, his mother. Lee Leonard Waymond had a life expectancy of 32.3 years or 11,789.5 days at the time of his death. DeloresWaymond was sixty-six years of age and had a 18.3 years life expectancy or 6,679.5 days at the time of the death of her son Lee.

4. Definition of Terms:

a. Loss of Society and Companionship: Loss of society and companionship means the loss of the positive benefits flowing from the love, comfort, companionship, and society that the statutory beneficiary would, in reasonable probability, have received from Lee Leonard Waymond had he lived.

b. Pecuniary Loss: Pecuniary loss means the loss of the care, maintenance, support, services, advice, counsel, and reasonable contributions of a pecuniary value, excluding loss of inheritance, that each statutory beneficiary would, in reasonable probability, have received from Lee Leonard Waymond had he lived.

c. Mental Anguish: Mental anguish means the emotional pain, torment and suffering experienced by each statutory beneficiary because of the death of Lee Leonard Waymond.

In determining the damages for loss of society and companionship and mental anguish, the jury may consider the relationship between the statutory beneficiary and Lee Leonard Waymond, their living arrangements, any extended absences from one another, the harmony of their family relations, and their common interests and activities.

C. WRONGFUL DEATH OF LEE LEONARD WAYMOND

1. Robert Earle Waymond

a. Basis of Recovery

Robert Earle Waymond is the adopted son of Lee Leonard Waymond. Lee married Sally, Robert’s mother, when Robert was four years old and Lee has raised Robert as his own son and shared a very close father-son relationship. Pursuant to Texas Law, an adopted child has the same standing as a natural born child and Robert is a beneficiary under the Texas Wrongful Death Statute, Texas Practice and Remedies Code, Section 71.021, et seq.

b. Life Expectancy

At the time of his death, Lee Leonard Waymond was forty-four years of age. According to the Vital Statistics of the United States, 1993 Life Tables, Lee's life expectancy on August 29, 1996, was 32.3 years.

c. Per Diem Argument

For purposes of this presentation, we will use the per diem argument, predicated on the life expectancy of Lee Leonard Waymond with respect to his statutory beneficiary, Robert Earle Waymond. Lee Leonard Waymond had a life expectancy of 32.3 years or 11,789.5 days at the time of his death.

d. Damages

(1) Mental Anguish: Robert experienced a very close personal relationship with Lee and has been very disturbed by the loss of his father. For purposes of our evaluation we have computed Robert’s mental anguish based upon $10 per day over Lee's life expectancy, which totals $117,895. To that amount we have added $29,200 which increases the mental anguish for the period of time that Robert would have lived at home with Lee. Thus the total claim for mental anguish for Robert Earle Waymond is $147,095.

(2) Loss of Society and Companionship: Dr. Stan V. Smith has calculated the loss of society and companionship for each of the children of Lee Waymond at $549,502. See the attached expert report of Dr. Smith for the basis of the calculation.

(3) Pecuniary Loss: We have calculated the pecuniary loss for Robert Earle Waymond on the same basis as mental anguish, thus the total loss is $147,095.

e. Jury Verdict Potential



(1) Mental Anguish $147,095
(2) Loss of Society and Companionship $ 549,502
(3) Pecuniary Loss $ 147,095

f. Settlement Demand

Based upon the foregoing review of the liability and damages aspects of this case, we are offering to settle all claims of Robert Earle Waymond arising out of this tragic occurrence for cash or a combination of cash and structured settlement of equal value on the following basis:

Robert Earle Waymond:
Death of Lee Leonard Waymond		 $ 425,000

2. Gregory Wayne Waymond

a. Basis of Recovery

Gregory Wayne Waymond was seventeen years of age at the time of Lee Leonard Waymond's death. Gregory who is the son of Sally Waymond was adopted by Lee Leonard at age seven and has enjoyed a very close personal relationship with Lee and regarded him as his father. Pursuant to Texas Law, the adopted child has the same rights under the Wrongful Death Statute as a natural born child. Therefore, Gregory will pursue his cause of action as a wrongful death statutory beneficiary.

b. Life Expectancy

At the time of his death, Lee Leonard Waymond was forty-four years of age. According to the Vital Statistics of the United States, 1993 Life Tables, Lee's life expectancy on August 29, 1996, was 32.3 years.

c. Per Diem Argument

For purposes of this presentation, we will use the per diem argument, predicated on the life expectancy of Lee Leonard Waymond with respect to his statutory beneficiary, Gregory Wayne Waymond. Lee Leonard Waymond had a life expectancy of 32.3 years or 11,789.5 days at the time of his death.

d. Damages

(1) Mental Anguish: Gregory experienced a very close personal relationship with Lee and has been very disturbed by the loss of his father. For purposes of our evaluation we have computed Gregory's mental anguish based upon $10 per day over Lee's life expectancy, which totals $117,895. To that amount we have added $3,650 as additional compensation for the time that Gregory Wayne Waymond would have lived in the same household with Lee which gives him a total of $121,545.

(2) Loss of Society and Companionship: Dr. Stan V. Smith has calculated the loss of society and companionship for each of the children of Lee Waymond at $549,502. See the attached expert report of Dr. Smith for the basis of the calculation.

(3) Pecuniary Loss: We have calculated the pecuniary loss for Gregory Wayne Waymond on the same basis as mental anguish, thus the total loss is $121,545.

e. Jury Verdict Potential



(1) Mental Anguish $ 121,545
(2) Loss of Society and Companionship $ 549,502
(3) Pecuniary Loss $ 121,545

f. Settlement Demand

Based upon the foregoing review of the liability and damages aspects of this case, we are offering to settle all claims of Gregory Wayne Waymond arising out of this tragic occurrence for cash or a combination of cash and structured settlement of equal value on the following basis:

Gregory Wayne Waymond:
Death of Lee Leonard Waymond		 $ 400,000

3. Christian Lyn Waymond

a. Basis of Recovery

Christian Lyn Waymond is the son of Lee Leonard Waymond by a prior marriage. Christian was twenty-four years old at the time of Lee's death and is a statutory beneficiary pursuant to the Texas Wrongful Death Statute.

b. Life Expectancy

At the time of his death, Lee Leonard Waymond was forty-four years of age. According to the Vital Statistics of the United States, 1993 Life Tables, Lee's life expectancy on August 29, 1996, was 32.3 years.

c. Per Diem Argument

For purposes of this presentation, we will use the per diem argument, predicated on the life expectancy of Lee Leonard Waymond with respect to his statutory beneficiary, Christian Lyn Waymond. Lee Leonard Waymond had a life expectancy of 32.3 years or 11,789.5 days at the time of his death.

d. Damages

(1) Mental Anguish: Christian Lyn Waymond experienced a very close personal relationship with Lee and has been very disturbed by the loss of his father. For purposes of our evaluation we have computed Christian's mental anguish based upon $10 per day over Lee's life expectancy, which totals $117,895.

(2) Loss of Society and Companionship: Dr. Stan V. Smith has calculated the loss of society and companionship for each of the children of Lee Waymond at $549,502.

(3) Pecuniary Loss: We have calculated the pecuniary loss for Christian Lyn Waymond on the same basis as mental anguish, thus the total loss is $117,895.

e. Jury Verdict Potential



(1) Mental Anguish $ 117,895
(2) Loss of Society and Companionship $ 549,502
(3) Pecuniary Loss $ 117,895

f. Settlement Demand

Based upon the foregoing review of the liability and damages aspects of this case, we are offering to settle all claims of Christian Lyn Waymond arising out of this tragic occurrence for cash or a combination of cash and structured settlement of equal value on the following basis:

Christian Lyn Waymond:
Death of Lee Leonard Waymond		 $ 400,000

4. Delores Waymond

a. Basis of Recovery

Delores Waymond is the mother of Lee Leonard Waymond and she 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.

b. Life Expectancy

At the time of Lee Leonard Waymond's death, his mother, Delores Waymond, was sixty-six years of age and had a 18.3 years life expectancy or 6,679.5 days at the time of the death of her son Lee.

c. Per Diem Argument

For purposes of this presentation, we will use the per diem argument, predicated on the life expectancy of Lee Leonard Waymond's mother. Delores Waymond had a life expectancy of 18.3 years or 6,679.5 days at the time of her son's death.

d. Damages

(1) Mental Anguish: We have calculated Delores Waymond's mental anguish on a per diem basis predicated on the 6,679.5 day life expectancy which she had at the time of Lee's death. Calculated at $10 per day, this totals $66,795.

(2) Loss of Society and Companionship: Dr. Stan V. Smith has calculated the loss of society and companionship for Deloresat $355,805.

(3) Pecuniary Loss: We have calculated the pecuniary loss for Delores Waymond on the same basis as mental anguish, thus the total loss is $66,795.

e. Jury Verdict Potential

(1) Mental Anguish $ 66,795
(2) Loss of Society and Companionship $ 355,805
(3) Pecuniary Loss $ 66,795

f. Settlement Demand

Based upon the foregoing review of the liability and damages aspects of this case, we are offering to settle all claims of Delores Waymond arising out of this tragic occurrence for cash or a combination of cash and structured settlement of equal value on the following basis:

Delores Waymond:
Death of Lee Leonard Waymond		 $ 250,000

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