Re: Follow-up investigation

[Rodney Ritner <rod@tl4j.com>]

Haytham,  long time no see and I look forward to working with you.  I was stoked when I realized you could be involved.

The lying witness is actually the defendant driver.  Here's the real issue regarding liability: there's only one witness, the defendant, and he says Jeff crossed the centerline.  But, I've inspected the scene, and it makes more sense to me given curve of road, final resting place of vehicles, and the wheel tracks left in grass, that the dump truck was on or over the centerline.  Problem is we have to not just prove physical evidence is consistent with "our story," since we don't really have anyone to tell a story, but proves defendant is a liar.

I've contacted an engineer I've used in past for accident reconstruction. Police have apparently just finished their report and we hope to get today. I'm going to get expert our photos and police report, photos and diagrams as soon as we get them.  Info is Illinois State Police did not do a "reconstruction" but presumably have photos and diagrams with all measurements.

I've contacted insurance company and have our vehicle on a legal hold.  This will preserve it in current state until we release it.  I've sent letters to defendant and their insurer demanding they preserve their truck and trailer.  Again so we can inspect, measure and photograph in present state.  

Illinois DOT should have also inspected the dump truck and trailer, GCVW should be well in excess of commercial vehicle minimums.  So, driver should have a CDL and DOT should have duty to inspect truck for maintenance, logs, etc.  Still don't have info from DOT yet.

Consequently, I agree with Nick with one proviso.  I doubt we're going to be able to contact the driver directly; he's already reported to his employer's insurance and they've made a claim against our client for the property damage.  Our client's insurance has not spoken to driver of dump truck.

Talk to you soon, maybe we can meet soon.  I'll be in Wisconsin tomorrow.

Rod

On Tue, Apr 26, 2011 at 8:09 AM, Haytham Faraj <haytham@puckettfaraj.com> wrote:

Hey Rod,
My contact number is 760-521-7934.  I'm on my way back from the West Coast
today.  I'll be in Chicago until Thursday evening.

I hope all's well with you.

Haytham

-----Original Message-----
From: Nicholas Rowley [mailto:nick@tl4j.com]
Sent: Monday, April 25, 2011 9:23 PM
To: Rodney Ritner; Haytham Faraj
Subject: Re: Follow-up investigation

draft a letter telling him we'll just take the insurance policy if he tells
the truth now and tells his insurance company to pay all of our client's
medical bills.  BUT, if he lies and we prove those lies through our
reconstruction and expert engineers then we will go after him personally and
he will spend the rest of his life paying for this.  W need local counsel,
HATHAM is licensed in IL, he will meet with this guy and get him to fees up.


Nick


On Apr 25, 2011, at 12:17 PM, Rodney Ritner wrote:

> Beth and Joe,
>
> I'm glad we got to meet last week, I only regret the circumstances.  I
just wanted to give you an update.
>
> There still isn't a police report available.  We'll keep calling everyday
until we get one.
>
> I've spoken with your insurance claims rep, Stephanie, at Progressive.
They won't sell us the Trailblazer, but she has agreed to it on a legal
hold.  This will prevent it from being sold, destroyed, etc until we can get
out to look at it and have our reconstruction expert also inspect it.  She
will send me proof of it being put on legal hold and the contact information
for where it's being stored; hopefully later today.
>
> We've put Schierbaum Landscaping and their insurance company, Auto Owners,
on notice to also preserve the dump truck, trailer, and other items we'll
want.  Those letters going out today.
>
> It seems Schierbaum had a trucking/transport company fairly recently.
However, their motor carrier license was revoked.  At this point we don't
know what insurance, or coverage limits, they had.  We hope to get this
information soon.
>
> As you know, we still need to prove the dump truck driver, McCormick, is
lying.  Without other witnesses this can be tough.  But, as we discussed at
the scene Joe, my review and experience makes me think we've got a decent
chance of at least scaring the hell out of Schierbaum's insurance company.
>
> FYI, Schierbaum is making a claim for their property damage.  Since Jeff
only had $25,000 property damage coverage, you're looking at a possible
claim for the excess.  This is something for which we won't technically be
representing you but will try to get worked out.
>
> Let us know how Jeff is doing.
>
> Rod Ritner