Medcalf v Goodvalue
• Mr Medcalf’s Goals:
Essential terms (that Mr Medcalf has to obtain):
1) Future medical expenses as a result of his injuries - $371,520;
- Mr Medcalf wants more than $20,000;
Basis for calculation:
Mr Medcalf is now 67 years old. Based on an expected life expectancy of a further 20 years:
Hospital Room (20 days per year for 20 years) = $900 * 10 *20 = $180,000
Visits to the Doctor (Once a week @$100 per visit for 20 years) = $104,000
X-Rays ($142 per visit and 4 visits per year (each quarter) for 20 years) = $11,360
Emergency Room Care ($302 per visit and 4 visits per year (each quarter) for 20 years) = $24,160
Other medical expenses (prescriptions, medicines, costs of treatment etc) ($50 per week for 20 years) = $52,000
Important terms (that Mr Medcalf really wants to get):
2) Pain, frustration, anger and fear caused by the attack - $1,000,000;
- $50,000 per year for 20 years
3) Damages suffered in the attack (including all medical bills, damage to his clothes) - $1,875.00;
Desirable terms that Mr Medcalf would like to get):
4) Mr Medcalf would like Goodvalue to post a guard in the parking lot at Goodvalue, or he would at least like a sign posted in the Goodvalue store warning customers about the dangers of the parking lot.
• Questions for Goodvalue’s attorneys
1) They approached us to determine if a settlement can be negotiated;
2) What brings them here today? What does their client, Goodvalue want / hope to obtain?
3) Who is working on this matter for Goodvalue (i.e. how big is their legal team)? Does it only consist of 2 attorneys?
- What adequate lighting did Goodvalue install?
- 8-foot fence was not installed at time of assault on Mr Medcalf?
5) 8 reported attacks in the 18 months before the assault on Mr Medcalf:
- Did these attacks occur after 6pm? What time did these attacks occur?
- How many of these attacks occurred between March 2006 (when the ordinance came into force) and February 2007 (when Mr Medcalf was attacked)?
• Facts that we want to bring up that may help Mr Medcalf’s case:
Injuries suffered by Mr Medcalf during the assault (known to Goodvalue):
1) Chipped bone in his left elbow;
2) Dislocated left shoulder;
3) Laceration in the back of his scalp (where his head hit the asphalt surface of the parking lot) – this required 11 stitches to close;
4) Several lacerations and bruises to his face.
Injuries suffered by Mr Medcalf as a result of the assault (Post-assault):
1) Trauma from the assault;
2) Fear of leaving the house after dark;
3) Trouble sleeping (Insomnia) – Mr Medcalf lies awake in bed, listening for sounds of someone breaking into his home; he frequently has nightmares about being attacked and beaten.
4) Since the attack / assault, Mr Medcalf has had to see his doctor every week
5) The injury to Mr Medcalf’s head has caused ringing in his ears, that may be permanent.
6) Aggravated high blood pressure.
Goodvalue’s breach of the ordinance that requires parking areas provided by a commercial establishment for use by customers at any hour after 6pm must be adequately lighted (as defined in the ordinance) and must be separated from adjacent property by a wall or fence at least 8 feet high
1) At the time of the assault on Mr Medcalf (in February last year), Goodvalue had only erected a 4-foot high chain link fence instead of an 8-foot high chain link fence required by the ordinance;
2) Goodvalue had only installed the required 8-foot high chain link fence in May, after the assault on Mr Medcalf in February;
3) Adequate lighting? - To ask what adequate lighting Goodvalue has installed in the parking lots;
4) Failure to comply...
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