August 17, 2016

Ms. Christine Wulf, Sr. Claims Adjuster

Gallagher Bassett Services, Inc.
13801 Riverport Drive, Suite 501
Maryland Heights, MD 63043
Re:

My Client:
Your Insured:
Date of Loss:
Claim #:

Peter Pan II
AMC Entertainment Holdings, Inc.
09/22/2014
987654321

Dear Ms. Wulf:

As you know, this law firm represents Peter Pan II, who was injured in a September 22, 2016
incident occurring at and caused by the negligence of AMC Entertainment Holdings, Inc. This
letter sets forth my position regarding liability and damages together with my evaluation and
demand to settle this matter with your company. Our demand is $1,000,000.00, which is very
reasonable considering the policy limits and negligence of your company.
I have enclosed copies of several items, which I hope will assist your evaluation of the abovecaptioned matter and ultimately enable you to respond to this demand for settlement on your
companys behalf. Please find enclosed the following documents:
1. Memorial Hospital of Jacksonville Medical Records and Billing/Kite Emergency
Physicians Billing;
2. Bahri Orthopedics & Sports Medicine Clinic Medical Records;
3. Plaza Surgery Center Medical Records and Billing;
4. Cora Rehabilitation Clinics Medical Records and Billing;
5. St. Vincents Medical Center at Riverside Medical Records and Billing;
6. Brooks Rehabilitation Medical Records and Billing;
7. Jacksonville Fire Rescue Department Records and Billing;
8. Damages Proof: Statutes; Movie Theater Receipt.

FACTS OF THE INCIDENT

On September 22, 2016, my client was injured when he fell in the AMC Theaters, due to your
clients negligence. In sum, my client, Mr. Peter Pan II was walking to his seat, in the theater,
when he fell. The floor appeared to be a concrete surface. When my client fell, he noticed his
pants were soaking wet and he observed wetness near him. My client could not get up.
Someone came to his aid and my client asked for help. However, my client still could not get up.
The Jacksonville Fire Rescue Department arrived to the scene and cut my clients pants off to
assess his injuries and render the necessary treatment. The Jacksonville Fire Rescue Department
transported my client to Memorial Hospital of Jacksonville.

LIABILITY AND NEGLIGENCE

Florida Slip and Fall Statute, 768.0755 (1)(A)(B)(2), governs this action. AMC Entertainment
Holdings and AMC Theaters are liable for damages caused by a foreign substance in a business
establishment. AMC Entertainment Holdings and AMC Theaters have a duty to ensure that all
invitees onto the property such as my client are free and clear of foreign substances on the
premises. AMC Entertainment Holdings and AMC Theaters both breached their duty to my
client by failing to exercise ordinary care, should have known of the condition of the
establishment, and therefore was foreseeable. A copy of the applicable statute is attached.
Mr. Pan II was not negligent in any way. Additionally, a sign was not placed in the isle of the
AMC Theaters where my client fell on the hard surface and noticed his pants were soak and wet.
As a proximate result of the slip and fall, my client suffered permanent severe injuries and
incurred medical expenses.
MEDICAL CARE
As stated previously, Mr. Pan II was immediately driven by Jacksonville Fire Rescue to
Memorial Hospital of Jacksonville, due to severe pain of the left knee, with a pain scale of 8. On
September 24, 2016, my client went to Bahri Orthopedics & Sports Medicine Clinic for pain.
My client complained to Dr. Bahri that the pain was aggravated by any movement, twisting,
squatting, kneeling, climbing, stairs, and prolonged standing. His symptoms were associated
with muscle stiffness, giving way, joint swelling, pain under the patella, painful range of motion,
decreased range of motion, difficulty arising from the chair and difficulty going up and down the
stairs. Dr. Baris diagnosis my clients left knee, was MRI w/o contrast of the left knee, his range
of motion was 2+ effusion, and my client was tender over the Patella Tendon and the Quadriceps.
On September 25, 2016, my client went to St. Vincents Medical Center Riverside, for his left
knee pain exam. Their impressions were as follows:
1. Rupture of the patellar tendon just distal to the patella with 1.2 CM retraction and
associated patella alta.
2. Tearing of the undersurface and free margin of the lateral root.
3. Suspected anatomic variant anterior hom of the medial metriscus although some
tearing cannot be excluded if patient has associated symptoms.
On September 26, 2016 my client underwent surgery at the Plaza Surgery Center with Dr. Bahri.
His preoperative diagnosis were left patellar tendon tear. Dr. Bahris surgical procedure was an
open repair of the left patellar tendon, under general anesthesia. In surgery, Dr. Bahri noticed the
patellar tendon was detached completely off the distal pole of the patella. He then drilled 2 holes
from the distal pole of the patella distally and through the body of the patella and tied them over
the dorsal aspect of the patella. My client was given crutches, an immobilizer, and coated aspirin
(325mg) post-surgery.
Dr. Bahri prescribed Hydrocodone for pain control. During numerous follow-up visits with Dr.
Bahri, he prescribed my client Mobic 15mg for inflammation to the left knee. March 18, 2015

my client went to Dr. Bahri to get his results read back from another MRI he had taken dated
March 11, 2105. Dr. Bahris findings are as follows:
1.
2.
3.
4.
5.
6.
7.

The swelling and creaking crepitation was present;

Atrophy of his left quadriceps was present;
Severe patellar tendinopathy extending into the prepatellar quadriceps
continuation with 2 focal areas of higher T2 signal within the patellar tendon
suggesting partial low-grade tearing;
Postsurgical changes from prior proximal patellar tendon anchoring with multiple
foci of susceptibility artifact from recent surgery;
Superficial fissuring and irregularity of the articular cartilage along the patellar
apex and lateral patellar facet inferiorly;
Postoperative edema versus poor fat saturation artifact at the inferior pole of the
patella; and
Mild distal quadriceps tendinopathy.

Prior to this incident, my client had no prior difficulty with his left knee. My client continues to
follow-up with Dr. Bahri.
Dr. Bahri determined my client injuries were due to the slip and fall accident, which occurred on
September 22, 2016. Dr. Bahris final diagnoses were Mr. Pan II suffered a permanent injury as
a result of the accident with a permanent impairment significant to the whole person.
From November 6, 2016 to January 8, 2016, my client had therapy at CORA Rehabilitation
Clinics. On the completion of my clients therapy at CORA Rehabilitation Clinic, the results
were as follows:
1.
2.
3.

Patient has made fair progress with Physical Therapist and has inc ROM and
functional ability to complete squats;
Patient demo improved gait pattern and ability to negotiate steps; and
Patient reports to get back to running of bridges but is functional with ADLs at
this time.

From January 28, 2015 to February 27, 2015, my client continued therapy with BROOKS
Rehabilitation with primary complaints of left knee weakness, stiffness, buckling and has fallen
or near falls every other day. BROOKS Rehabilitations plan of care began with mobility, ROM,
stretching and strengthening, patella mobs and scar massage. Even towards the end of my
clients therapy, he states he continues to fall occasionally due to his right knee giving way.
As a result of this incident, my client has incurred several medical bills along with continuous
pain. Mr. Pan II has worked hard to attempt to mitigate his damages in regards to this incident.
He is a single, retired, middle-aged man who loved to run the bridges and take long walks three
to four times a week. My clients physical ability to complete many daily activities has been
greatly affected by this incident. However, due to his constant pain and his unstable left knee, he
is unable to enjoy walking or running. Prior to the incident, my client had no problems with
walking, running, sitting, standing for long periods of time, and any other forms of exercise.

In addition to the significant interruption he has experienced in his life as a result of this incident,
his special damages known to this date are as follows:
Memorial Hospital of Jacksonville
Bahri Orthopedics & Sports Medicine Clinic
St. Vincents Medical Center at Riverside
Cora Rehabilitation Clinics
Brooks Rehabilitation
Kite Emergency Physicians, LLC
Jacksonville Fire Rescue Department
Insurance Lien
Future Medical Expenses
Current & Future Loss Wages
Prescriptions
Mileage Reimbursement

$
3,126.00
$
4,849.00
$
4,079.00
$
5,987.00
$
1,048.74
$
717.00
$
675.00
undetermined
undetermined
undetermined
undetermined
undetermined

Total:

20,481.74

SETTLEMENT PROPOSAL
In light of the above, we would recommend that our client accept $1,000,000.00 from you to
settle his claim, provided this matter can be resolved promptly without the further expense and
delay of litigation. My clients damages and life-long trauma are and will continue to be quite
extensive. Thus, this $1,000,000.00 demand from you is quite reasonable.
We are certain that the enclosed documents will give you all the information you should need to
evaluate this claim. We have made a thorough effort to gather all medical bills and medical
records presently available. If you require any further information, however, we will be glad to
comply with any reasonable request. I look forward to receiving your response and promptly
bringing this matter to an amicable resolution within 30 days from the date of this letter.
As a result of the damages caused by the negligence of your insureds, the injuries sustained by
my client, and the future medical treatment and rehabilitation my client must undertake, my
client will accept a settlement offer of $1,000,000.00 from you. Please tender a check and a
release in the amount of $1,000,000.00 on or before August 15, 2016, in order to protect your
interests.
Thank you for your attention to my clients damages. I look forward to hearing from you no later
than the above-referenced date.

Sincerely,

Sleeping Beauty, Esquire

SB/jc
Enclosures
cc: Mr. Peter Pan II