Sample Mediation Statement
December 11, 2018
142 West Street
Bowie, Maryland 20721
Re: Ron Vanderbilt v. Kevin Henderson
Case No. C-2004-85484 NG
Plaintiff’s Settlement Mediation Statement
Dear Judge McClary:
On behalf of Plaintiff, Ron Vanderbilt, please accept this letter as Plaintiff’s attorney case summary. While counsel would normally submit this statement to you confidentially, this case is straightforward and Plaintiff does not seek to hide the ball (Plaintiff has also not made a final determination as to his “bottom line” number). Accordingly, Defendant’s attorney and Allstate’s adjuster have been copied on this medication statement.
The numbered paragraphs below correspond to the like-numbered paragraphs of your exemplary form for mediation:
- Describe the nature of the case: This is a personal injury case. On March 10, 2004, the Defendant Donald Henderson was attempting to operate a Kawasaki ATV on his property at 3488 Largin Drive in Bowie, Maryland (Prince George’s County). Apparently, the ATV was stuck and Henderson was unable to move it forward. Henderson called to Plaintiff, Ron Vanderbilt, age 37, who lived on the property adjacent to Henderson, to ask him for assistance. Plaintiff surveyed the land on which the ATV sat and was unable to determine why the ATV was stuck. Plaintiff began to walk back to his property. Moments later, Henderson, operating the ATV in a negligent and careless manner, hit the Plaintiff without warning, pining him up against an auto, causing him severe injury.
- Describe any equitable relief being sought: None
- With respect to the issue of liability:
- Does the case involve an affirmative defense: No.
- Describe the conduct of the plaintiff that might bar or diminish any recovery: None.
- Describe the factual basis of any legal defenses that might bar or diminish any recovery by the plaintiff: Defendant has not offered any legal defenses and defense counsel has indicated that he does not intend to contest liability.
- Provide a concise statement of any other claims: None
- If this is a personal injury [action] complete the following:
- Nature and extent of the injuries:
- Permanent injuries being claimed: These personal injuries to Plaintiff’s left knee and legs are permanent in nature. The plaintiff experiences a constant restriction in motion of the left knee; numbness in both legs below the knees; left knee pain; popping in his left knee; permanent pain in the left knee; loss of strength and mobility; inability to kneel for extended periods of time; inability to walk for long distances and inability to run. The Plaintiff in no longer able to participate in sports he used to enjoy such as water skiing, jet skiing, and boating nor is he able to participate in any desired physical activities with his children.
- Nature and any surgical procedures recommended or scheduled: None at this time.
- Future medical expenses: Assuming that Mr. Vanderbilt will simply receive routine medical monitoring, the annual costs will include:
- Clinical office visits/monitoring: $350 visit/2x year/life expectancy: approximately $35,000.
- Loss of earnings to date: past and future: Economic losses: Plaintiff’s past lost wages are $50,148.47.
- Other special damages: None.
- Punitive damages: No evidence of actual malice/none.
- Experts and Specialization: Plaintiffs will call expert orthopedic surgeons. Plaintiff will also call a vocational rehabilitation expert to discuss Plaintiff’s future lost wages. Economic evidence will be presented through a qualified expert.
- Non-personal injury cases: Not Applicable.
- State the terms of your demand to settle this matter, actually communicated to the Defendant: Plaintiff has demanded $375,000 before either party considered the future lost wages component of this case.
- What figure are you willing to settle for? Counsel has discussed this issue with Plaintiff who has not yet made a final determination.
- If you are a defendant: Not Applicable
- What figure are you willing to offer? Undecided
- Describe the status of any previous settlement negotiations: Defendant has offered $140,000. Plaintiff’s lowest demand was $375,000. This demand was made before a proper evaluation of Plaintiff’s lost wages claim.
- Describe any other relevant information and/or pending motions:
- The defendant is Plaintiff’s brother-in-law
- Both Plaintiff and Defendant will make a good appearance
- Defendant’s expert medical report supports Plaintiff’s contentions (see attached).
- Defendant has an umbrella policy of $1,000,000. Defendant’s potential exposure exceeds $1,000,000. Not settling the policy within policy limits is exposing Allstate to potential bad faith claim.
- This accident occurred in Bowie, Maryland in Prince George’s County and is venued in Prince George’s County. Obviously, P.G. County if a very favorable venue for plaintiffs which increases the settlement value of this claim.
If yes, what affirmative defense: Not applicable.
As a result of the accident the Plaintiff suffered from a crush injury to both of his legs; a fractured head of the left fibula; deep abrasions, swelling and bruising to both legs and knees; numbness in both feet and legs below the knees; right ankle pain; suffered from septic arthrosis; an anterior cruciate ligament tear; insertion of a pain pump and the explosion of the pain pump; osteofibrosis; scarring from arthroscopic surgeries; Septic arthritis of the left knee; permanent deformity of the fibula at the junction of the head; loss of movement in the left knee; popping in his left knee; permanent pain in the left knee; loss of strength and mobility; inability to kneel for extended periods of time as his job requires; inability to walk for long distances and inability to run.
Total medical expenses to date: $35,188.83. It is worth noting that Defendant’s expert has commented that these medical bills were fair, reasonable and causally related to the Plaintiff’s accident that is the subject of this lawsuit.
Very truly yours,
Ronald V. Miller, Jr.
cc: Ron Vanderbilt
John R. Smith (Defendant’s attorney)
Jonathan Reagan (Allstate adjuster)