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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 S:\WP8\Traci\Letters\CDC\O22202,wpd