Demand Letter

Susan A. Jones, Senior Claims Representative

ABC Casualty & Surety Company Commercial Insurance Division

Boston, MA 02103

Re: Your Insured: Maples Condominiums

Claimants: Mary and John Smith

Date of Loss: 11/5/90

Claim No.: 10251227861

Dear Ms. Jones:

As you are aware, this firm is legal counsel to Mary and John Smith with regard to injuries which Mrs. Smith sustained on November 5, 1990. We have completed our investigation, and acquired copies of all applicable medical and earnings records. Accordingly, we write to you at this time in an effort to resolve the Smiths' claims without the need for protracted litigation. The following analysis supports our belief that your insured bears sole responsibility for the injuries at issue and that the value of the claim is most significant.

LIABILITY

Mrs. Smith suffered a severe back injury on November 5, 1990 when she slipped on ice located in the driveway of Maples Condominiums, where she and Mr. Smith reside. I enclose duplicate original photographs which were taken on the day of the incident as well as certified copies of weather reports of the National Oceanic and Atmospheric Association for the five days preceding the incident. You will note that, although a snowy condition had been present for a period of time, the driveway had not been plowed. As a result, automobile tires compressed the snow, causing it to form an icy surface. Consistent with Rhode Island law (see Fuller v. Housing Authority of Providence, 108 R.I. 770, 774, 279 A.2d 438(1971), copy enclosed) the existence of accumulated snow and ice for a period of time sufficient for the landlord to discover and cure the slippery condition renders the landlord liable for injuries sustained as a result of the condition.

Mrs. Smith was injured in the vicinity of an exit on the north side of the condominium complex. Although this exit was technically on the side of the building, it is the exit most frequently used by tenants (and the one always used by the Smiths as explained below) to reach the street located at the front of the building. The only other exit suitable for that purpose is located at the front of the building, but requires pedestrians to negotiate numerous steps in order to reach street level. As a result, most tenants elect to use the side exit and to walk down the driveway to the street.

Given Mrs. Smith's age and physical condition, the difficulty she had negotiating steps, and the fact that she frequently accompanied her husband, who is confined to a wheelchair outside the home as a result of Parkinson's Disease, she always used the side exit at issue. In fact, one of the most significant reasons for purchasing the unit which the Smiths did was its location on the first floor of the building and its ability to be reached without the need to negotiate steps. This was well known to the condominium management.

As a result, it is apparent that your insured failed to take reasonable precautions in the circumstances. In this regard, it permitted snow to remain on the driveway under circumstances where it could reasonably expect vehicular traffic to compress the snow into an icy and therefore unsafe condition. Moreover, it allowed this condition to exist with full knowledge of the fact that most tenants, and the Smiths in...