Claim VanVors, James, ReynoldsLAW OFFICES OF
REYNOLDS & KENLINE, L.L.P.
DAVID L. CLEMENS
WILLIAM J. MAIERS
CHADWYN D. COX*
MARK J. SULLIVAN
JEFFREY L. WALTERS
JENNIFER A. CLEMENS-CONLON
JOHN T. NEMMERS
TODD N. KLAPATAUSKAS**
Of Counsel
LEO A. McCARTHY
PALrEA M. STENLUND
SUITE 222 FISCHER BUILDING
P.O. BOX 239
DUBUQUE, IOWA 52004-0239
TELEPHONE: (563) 556-8000
FAX: (563) 556-8009
E-Mail:rkenline~mwci.net
February 22, 2002
Ms. Jeannie Schneider
City Clerk
City Hall
50 W. 13th Street
Dubuque, Iowa 52001
RE:
Injury Claim of James VanVors
Date of Loss: 10/13/01
Location: Sidewalk steps on East 16th Street
(South exit from Instant Replay bar)
Dear Ms. Schneider:
We represent James VanVors, a 25 year old Dubuque resident who lives at 2005
Heidi Court with his wife and young son. He has been employed at Inland Protein for
heady five years. Back on October 13, 2001, Mr. VanVors was injured while exiting the
Instant Replay bar at 16th and Central. The bar has taken the position that they have no
liability for the reason that the steps that Mr. VanVors suffered his fall on belong to the
city. Frankly, I am not sure if they are right, but I know that if the matter cannot be
resolved, both the Instant Replay and the City will be named as Defendants. My
purpose in writing is to set forth the details of his claim to determine whether we might
be able to resolve this by agreement and without need for litigation. It is my intention to
provide all pertinent details of Mr. VanVors' claim, together with supporting
documentation. If there is more information that you desire, please let me know and I
will see if I can provide it.
February 22, 2002
Page 2
LAW OFFICES OF
REYNOLDS & KENLINE, L. L. P.
THE INCIDENT. On October 29, 2001, some 16 days after Mr. VanVors'
injuries, Society Insurance, as the carrier for Instant Replay, obtained Mr.
VanVors' statement. I have an audio tape of that statement that you would be
welcome to listen to.
Mr. VanVors arrived at the Instant Replay at approximately 8:30 p.m. on
Saturday evening, October 13, with his friend Jamie Fulbright. His intention was
to socialize for awhile and then go pick up his wife, Nicole, at work, at 11:00 p.m.
He believes he had been to the Instant Replay one time prior in his life. James
was in the bar until approximately 10:00 p.m. when he and Jamie decided to
leave. During that time, he had two drinks. He had not consumed any other
liquor that day. When they entered the bar they had come in the front door.
When they left they exited a side door on the south side of the bar. They did that
because it was open, and it was right beside the table they were seated at. As
he left the bar - at approximately 10:00 p.m. - he was unable to discern the
bottom step. (He had never used this door before). As he made his step on to
what he thought was the sidewalk, part of his right foot ended up on the last step
and his foot buckled with excruciating pain.
LIABILITY. As shown on the attached photos taken within days of the incident,
the steps exhibit both a disparity in coloration and a disparity in rise. There was
no lighting for the steps, nor was there any safety railing.
INJURY & DAMAGES. Assuming he had a bad sprain, Mr. VanVors went
home and attempted to go to bed. By 2:30 a.m. the pain was so severe he had
his wife take him to Mercy Hospital. Amongst other things, he received an
epidural and a splint. He followed up with Dr. Pierotti on Monday. At that
appointment, Dr. Pierotti told him that his tendons has been pulled so hard that
they fractured bones on both sides of his ankle. See Dr. Pierotti records
provided herewith. The swelling was so severe that Dr. Pierotti deferred the use
of a cast for over a week. When he received that cast, he was instructed to stay
off of it completely for two weeks, and then begin partial weight bearing during
the third week. He remained on prescription pain relievers through the end of
October. In November an December, he was sent to physical therapy. By
November 18, 2001, he was in an air splint and able to return to work. The crisis
brought on by his loss of income necessitated that he return to work at the
earliest possible moment. Supplied herewith is a December 21,2001, letter from
his employer, Inland Protein Corporation, documenting his wage loss.
February 22, 2002
Page 3
LAW OFFICES OF
REYNOLDS & KENLINE, L. L. P.
The injury Mr. VanVors sustained posed significant hardships in his life. For
nearly a month he was totally immobile. After that, his mobility slowly improved,
but not without a great deal of pain and efficiency. Mr. VanVors is accustomed
to caring for his two year old son (Mr. VanVors works first shift; his wife, Nicole,
works second shift). This became impossible, and required that they rely on lots
of outside help. Even when James regained limited mobility, he found it
impossible to go outside with his son, or place him in a carseat. Mr. VanVors
had to give up his intentions to re-seal the roof of his home, and his plans to go
deer hunting.
While his mobility is mostly back, and his pain is not now a major problem, the
injury is still affecting him. He is still experiencing numbness in his ankle and in
his "ring" toe. Dr. Pierotti has advised him that this is probably the result of nerve
injury. James' physical therapies has warned him that even though he may get
all of his range of motion back, this damaged ankle will probably always be larger
than his other ankle.
CLAIM SUMMARY.
Medical Expense (per bills supplied) ..................... $2,125.91
Loss of Earning (per employer statement supplied)
5 weeks x 40 hours x $11 per hour = 2,200
16 hours O.T. @ $16.50 = 264
....... 2,464.00
Injury .............................................. 6,000.00
Pain and Suffering .................................... 4,000.00
TOTAL: $14,589.91
Mr. VanVors is not an unreasonable young man. We have explained to him, and
he understands, the risks and delays that are inherent in litigation. His goal is not to get
dch off his injuries, but rather to obtain some compensation for the injury which imposed
significant hardships, financial and otherwise, on this young, hard-working, family man.
Out of a desire to compromise, rather than hold out for the last possible dollar, Mr.
VanVors has authorized me to settle his claim for the sum of $11,000. I am hopeful
that your experience in these matters would allow you to agree that that is not an
outlandish request.
February 22, 2002
Page 4
LAW OFFICES OF
REYNOLDS & KENLINE, L. L. P.
I would appreciate it if you would consider this and give us a timely response as
to whether we can resolve this without further proceedings. Thank you.
Very T, ruly YourS,,t
CDC:tkk
Enclosures
cc: James VanVors
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