settlement offer, 499-176
From: Scott Kenan
Sent: Monday, October 16, 2017 4:47 PM
To: Brian Williams; bweyher@ymwlaw.com; dmclamb@ymwlaw.com; scoops@huffingtonpost.com; editorial@nytimes.com; breakingnews@starnewsonline.com; marlowe.schaeffer@gmail.com; bojones@verizon.net; jkenan02@gmail.com; kenan5@aol.com; connor.kenan@nordicwi.com; sarmstrong@kminc.net; bruce@masonmasonlaw.com; hannah@masonmasonlaw.com; breakingnews@newsobserver.com; scoops@huffingtonpost.com; editorial@nytimes.com; kie@duke.edu
Cc: Carrie Butler
Subject: Re: settlement offer, 499-176
Hi Brian,
I'm back from some errands, and I guess you weren't paying any attention and did not realized I'd won a mammoth victory for Democracy and a small one for me, in New Hanover County Courts this morning, so I really wasn't ready to negotiate -- I was GLOATING a bit in that VICTORY!!!
And I'm glad I have let Tom Kenan know about our process. As I'm sure you can imagine, all the lawyers I've discussed this with, including a former Prosecutor, thought that your initial offer was more than ten-times less than they had ever heard of for a similar accident.
This would NEVER have been referred to a Law Firm for a dinky settlement of $400.00 more than my out of pocket medical costs.
And then when these many lawyers heard that Rhys had rear-ended someone in a Spectrum truck just two weeks before, and been charged -- they said Spectrum is in GROSS NEGLIGENCE for allowing him to still drive after the FIRST accident.
As you will recall from my early emails -- and documented on my blog back then as well -- I met two co-workers of Rhys's who said he'd gotten back to their depot, or whatever they call it, BRAGGING how he'd hit a really tall guy and not even hurt him!!! They pointed to the front of the truck and told him that was a BIG FAT LIE, as it was obvious by the damage to the truck that he had REALLY hurt whomever he had hit.
They told me Rhys was then FIRED within minutes after that. They MUST have made him take a drug test -- I doubt he was texting while rounding a corner, knowing anyone in the crosswalk had the right-of-way.
You have not mentioned the results of his drug test -- what were they???
And while it is improbable that Mayor Saffo actually contacted Spectrum to try to take me out -- how do you explain his not seeing a 6' 11" guy in broad daylight -- accelerating until he felt the impact??? I do think you should at least get a letter signed by Mayor Bill Saffo denying he had done that. If he didn't do it, it should be EASY, no???
I'm not a lawyer, so don't understand what it means that you are a partner in your firm, but it sounds like you get a cut of profits by the firm. You are NOT a principal, however, like my Kenan cousin Bonnie Weyher, and I will continue to copy her and her husband and possibly more people at the firm as we continue -- whether or not they respond to me, I like to have Court Quality Proof that they know all of our moves -- in case we go to Jury Trial.
Also, I can prove by the saved emails from you that you never contacted my doctor's records people until after I visited them and they told me that. You kept changing your story and using cagey lawyer-write. Remember, I co-founded the first Gay group at Denison University in 1972 with Dean Hansell, with whom I'd also done a lot of voter-registration and anti-poverty work in West Tennessee, Dean then co-founding GLAAD, serving as Assist. Atty. Gen. of Illinois, Police Commissioner of Los Angeles, and co-writing the textbook on "The Law of Re-Insurance" -- before Gov. Brown appointed him to Superior Court Judge in Los Angeles. I'm USED to a lot of "legal-thinking people", if I'm not a student of Law.
Dean Hansell, co-founder of GLAAD
My mother's father and also her brother were lawyers, Uncle Mart (Marcellus Bernard Meyer), also working for the FBI for a good number of years.
So given the GROSS NEGLIGENCE of Spectrum for allowing Rhys to still drive, HIS aggressive grossly negligent driving when he accelerated into me, then he BRAGGED to his co-workers about not harming me at all, and then your "less-than-professional" way of getting records together, I think I am owed a small 2-3 bedroom cottage (without water view), in my community of the Historic District of Wilmington, which with luck I might find for about $250,000.00.
$250,000.00 is what I think would fairly compensate me in these circumstances.
I've added the Kenan Institute for Ethics at Duke http://kenan.ethics.duke.edu/, to the email recipients here -- I've been up there and even contribute money to them when I'm flush!!!
Let me know what you think!!!
All best,
Scott D. Kenan
>>> AND THEN WE HAD THIS EXCHANGE:
From: Brian Williams <bwilliams@ymwlaw.com>
Sent: Monday, October 16, 2017 5:08:01 PM
To: Scott Kenan
Cc: Brian Williams; Carrie Butler
Subject: RE: settlement offer, 499-176
Mr. Kenan,
Respectfully, I do not believe your case is worth $250,000 or even $10,000. I understand this accident caused you pain and suffering, and I’m not trying to diminish that. However, based on your medical records you were not seriously injured. For example, you did not suffer any broken bones and did not require surgery. Instead, your doctors diagnosed you with low back pain which fully resolved within 6 weeks. I certainly don’t make light of the fact that you were hit by my client’s van, but under the law you are only entitled to compensation for the injuries you actually suffered, not for the injuries you avoided. Fortunately for everyone involved, you were not seriously injured.
With that understanding, my client will offer $1,200.
Thank you.
(ymw_email_logo)
Brian Williams
Attorney
From Scott Kenan scott@scottdavidkenan.com
To Brian Williams bwilliams@ymwlaw.com, bweyher bweyher@ymwlaw.com, dmclamb dmclamb@ymwlaw.com, scoops scoops@huffingtonpost.com, editorial editorial@nytimes.com, breakingnews breakingnews@starnewsonline.com, marlowe.schaeffer marlowe.schaeffer@gmail.com, bojones bojones@verizon.net, jkenan02 jkenan02@gmail.com, kenan5 kenan5@aol.com, connor.kenan connor.kenan@nordicwi.com, sarmstrong sarmstrong@kminc.net, bruce bruce@masonmasonlaw.com, hannah hannah@masonmasonlaw.com, breakingnews breakingnews@newsobserver.com, scoops scoops@huffingtonpost.com, editorial editorial@nytimes.com, kie kie@duke.edu, scottdkenan scottdkenan@aol.com
Cc Carrie Butler cbutler@ymwlaw.com
EVERY LAWYER I spoke with said a LOW-BALL offer below $20,000.00 is a joke. So disclose Rhys's drug test results, contact Mayor Saffo for his signed statement of NOT calling on Spectrum to take me out (and Spectrum STILL holds all my payments long enough to tack on late fees -- not YOUR responsibility, but shows why they would hire a lawyer PROVABLE IN COURT to be a liar and snake).
I was LESS ridiculous than your now TWO offers, but would consider at least $50,000.00.
May I suggest you make your next counter after sleeping on it??? Your too-prompt response proves you gave it NO REAL THOUGHT.
Thanks,
Scott
>>> AND THEN, QUICKLY:
Mr. Kenan,
We will offer $1,800. Please understand that if you’re serious about anything over $10,000, then I’m afraid we won’t be able to resolve this claim.
Thanks, BRIAN
* * *
Then if we can't resolve it, what happens then???
It appears that is already the case.
Scott
.
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