LAW OFFICE OF
THOMPSON & THOMPSON
2345 Litigator Way
Fort Collins, CO 80525
________________________________________________________________________
August 27, 2008
Ms. Sandie Everitt
Attorney at Law
1234 Riverside Rd.
Fort Collins, CO 80526
RE: Scott Walker v. Tanya Brewster
District Court
Larimer County, Ohio
Dear Ms. Everitt:
In the interests of bringing the case of Scott Walker v. Tanya Brewster to a speedy and just conclusion, I have been authorized by our client, Scott Walker, to make the following settlement offer to your client. Please consult with your client, give this settlement offer all due consideration, and contact our office with your response within two weeks from the receipt of this letter.
Facts Surrounding the Accident- On December 4, 2003, at approximately 4:30 p.m., five year old Jesse Walker was severely wounded by a bullet accidentally fired from a 9-millimeter Beretta semiautomatic pistol. The shooting occurred in the home of Jesse’s parents, Scott and Claudia Walker.
Scott and Claudia also have a two-year-old daughter, Kym, and Scott has a 13-year-old child, T.J. Walker, from a previous marriage. Only Jesse, Kym and T.J. were in the house at the time of the shooting. T.J. was visiting Scott for the weekend and brought the pistol with her. Tanya Brewster was married to Scott Walker for four years and divorced on May 17, 1994. In August of 2003, Carl Newhouse began living with Tanya and T.J. in the home owned by Tanya. The pistol involved in the shooting is registered to Carl and was stored in the garage of Tanya’s home.
Theories of Recovery-
The defendant knew there was a gun being stored in the house and negligently failed to make sure she knew where the gun was being stored as pursuant to Colorado Criminal Code §105: Criminal Storage of a Firearm.
The defendant should have made sure that there was a lock either on the gun itself or on the case that held the gun pursuant to Colorado Criminal Code §105: Criminal Storage of a Firearm.
Pursuant to Colorado Criminal Code §105: Criminal Storage of a Firearm (a), a person commits the offense of criminal storage of a firearm if he or she keeps, or allows to be kept for any length of time, any firearm within his or her dwelling, and a child of 16 years of age or younger obtains access to the firearm and thereby causes death or great bodily injury to himself, herself, or any other person.
Pursuant to Colorado Criminal Code §105: Criminal Storage of a Firearm (b), A person will not be found guilty under this section if he or she stores the firearm using a trigger-lock or other locking device on the firearm that prevents the firearm from functioning, stores the firearm in a secure, locked container or takes other means reasonably designed to insure that a child of 16 years of age or younger will not come into possession of the firearm.
The defendant, Tanya Brewster, violated these statutes and was negligent in her actions with the storage of the hang gun as well as not locking it properly. In her witness statement Tanya Brewster stated that she was reluctant at first, but then submitted to the gun being in her house. Her boyfriend, Carl Newhouse, convinced her that it would be safe and that he took a firearm safety course and that he would show Tanya the materials from the class. She stated that she read the handout on “Safe Storage of Handguns.” This handout which is Exhibit B in this case, states that “all adults in the house must know exactly where a handgun is stored.” It also states that “a handgun must have some lock either on the gun or on the storage case holding the gun.” It further states that “criminal liability is imposed when a child 16 years or younger obtains a firearm that has not been safely stored and a serious injury results.”
TJ Walker was able to obtain the handgun, take it to school, as well as take it to her father’s house where the shooting occurred. According to TJ’s witness statement, there was no lock on the case nor the gun itself and was loaded as well. Tanya Brewster was negligent in not knowing where the gun was located, and not having made sure it was properly locked.
Tanya Brewster owed a duty to her child to make sure that she knew where the gun was being stored as well as know that the gun was kept safe by use of a trigger lock and/or lock on the storage container. She also needed to make sure that the ammunition for the gun was stored in a separate place than where the gun was stored. Tanya breached that duty by not knowing where the gun was stored in the house or that it was kept safely from the ammunition or had a lock on it. This breach of duty was the proximate cause of TJ finding the gun, taking the gun to Scott Walker’s home, ultimately resulting in the shooting of Jesse Walker. The shooting of Jesse Walker permanently paralyzed him and he will incur medical costs the rest of his life which is dictated below.
Medical Expenses- The medical expenses incurred by Scott Walker through his son, Jesse’s injuries, have been itemized on the list below.
a. Emergency and Intensive Care Services------------------------------------ $ 9,400
b. Surgical Procedures----------------------------------------------------------- $14,400
c. Inpatient Hospital Services--------------------------------------------------- $11,000
d. Prescription Medication------------------------------------------------------ $ 350
e. Specialized Equipment------------------------------------------------------- $3,500
f. Physician Office Visit--------------------------------------------------------- $1,750
g. Physical Therapy-------------------------------------------------------------- $2,000
h. Estimated Annual Medical Expenses--------------------------------------- $15,000
i. Multiplied by estimated remaining life expectancy of 65 years--------- $975,000
TOTAL---------------------------------------------------------------------------$1,017,000
Jesse became permanently paralyzed as a result of the shooting. He will require specialized medical care for the rest of his life.
Proposed Settlement- The plaintiff is asking for a total of $1,017,000 in damages. According to the defendant’s violation of the Criminal Code Statutes, a jury is likely to award the full amount in damages. However, in the interests of a speedy trial and just end to the suit, the plaintiff is willing to settle for an immediate cash award of $500,000. This represents slightly under half of the anticipated recovery should this matter go to trial.
As counsel for the plaintiff, I urge you to take this settlement offer to your client in the spirit in which it is offered. I will look forward to your affirmative response.
_______________________
Jessica Thompson
Attorney at Law
THOMPSON & THOMPSON
2345 Litigator Way
Fort Collins, CO 80525
________________________________________________________________________
August 27, 2008
Ms. Sandie Everitt
Attorney at Law
1234 Riverside Rd.
Fort Collins, CO 80526
RE: Scott Walker v. Tanya Brewster
District Court
Larimer County, Ohio
Dear Ms. Everitt:
In the interests of bringing the case of Scott Walker v. Tanya Brewster to a speedy and just conclusion, I have been authorized by our client, Scott Walker, to make the following settlement offer to your client. Please consult with your client, give this settlement offer all due consideration, and contact our office with your response within two weeks from the receipt of this letter.
Facts Surrounding the Accident- On December 4, 2003, at approximately 4:30 p.m., five year old Jesse Walker was severely wounded by a bullet accidentally fired from a 9-millimeter Beretta semiautomatic pistol. The shooting occurred in the home of Jesse’s parents, Scott and Claudia Walker.
Scott and Claudia also have a two-year-old daughter, Kym, and Scott has a 13-year-old child, T.J. Walker, from a previous marriage. Only Jesse, Kym and T.J. were in the house at the time of the shooting. T.J. was visiting Scott for the weekend and brought the pistol with her. Tanya Brewster was married to Scott Walker for four years and divorced on May 17, 1994. In August of 2003, Carl Newhouse began living with Tanya and T.J. in the home owned by Tanya. The pistol involved in the shooting is registered to Carl and was stored in the garage of Tanya’s home.
Theories of Recovery-
The defendant knew there was a gun being stored in the house and negligently failed to make sure she knew where the gun was being stored as pursuant to Colorado Criminal Code §105: Criminal Storage of a Firearm.
The defendant should have made sure that there was a lock either on the gun itself or on the case that held the gun pursuant to Colorado Criminal Code §105: Criminal Storage of a Firearm.
Pursuant to Colorado Criminal Code §105: Criminal Storage of a Firearm (a), a person commits the offense of criminal storage of a firearm if he or she keeps, or allows to be kept for any length of time, any firearm within his or her dwelling, and a child of 16 years of age or younger obtains access to the firearm and thereby causes death or great bodily injury to himself, herself, or any other person.
Pursuant to Colorado Criminal Code §105: Criminal Storage of a Firearm (b), A person will not be found guilty under this section if he or she stores the firearm using a trigger-lock or other locking device on the firearm that prevents the firearm from functioning, stores the firearm in a secure, locked container or takes other means reasonably designed to insure that a child of 16 years of age or younger will not come into possession of the firearm.
The defendant, Tanya Brewster, violated these statutes and was negligent in her actions with the storage of the hang gun as well as not locking it properly. In her witness statement Tanya Brewster stated that she was reluctant at first, but then submitted to the gun being in her house. Her boyfriend, Carl Newhouse, convinced her that it would be safe and that he took a firearm safety course and that he would show Tanya the materials from the class. She stated that she read the handout on “Safe Storage of Handguns.” This handout which is Exhibit B in this case, states that “all adults in the house must know exactly where a handgun is stored.” It also states that “a handgun must have some lock either on the gun or on the storage case holding the gun.” It further states that “criminal liability is imposed when a child 16 years or younger obtains a firearm that has not been safely stored and a serious injury results.”
TJ Walker was able to obtain the handgun, take it to school, as well as take it to her father’s house where the shooting occurred. According to TJ’s witness statement, there was no lock on the case nor the gun itself and was loaded as well. Tanya Brewster was negligent in not knowing where the gun was located, and not having made sure it was properly locked.
Tanya Brewster owed a duty to her child to make sure that she knew where the gun was being stored as well as know that the gun was kept safe by use of a trigger lock and/or lock on the storage container. She also needed to make sure that the ammunition for the gun was stored in a separate place than where the gun was stored. Tanya breached that duty by not knowing where the gun was stored in the house or that it was kept safely from the ammunition or had a lock on it. This breach of duty was the proximate cause of TJ finding the gun, taking the gun to Scott Walker’s home, ultimately resulting in the shooting of Jesse Walker. The shooting of Jesse Walker permanently paralyzed him and he will incur medical costs the rest of his life which is dictated below.
Medical Expenses- The medical expenses incurred by Scott Walker through his son, Jesse’s injuries, have been itemized on the list below.
a. Emergency and Intensive Care Services------------------------------------ $ 9,400
b. Surgical Procedures----------------------------------------------------------- $14,400
c. Inpatient Hospital Services--------------------------------------------------- $11,000
d. Prescription Medication------------------------------------------------------ $ 350
e. Specialized Equipment------------------------------------------------------- $3,500
f. Physician Office Visit--------------------------------------------------------- $1,750
g. Physical Therapy-------------------------------------------------------------- $2,000
h. Estimated Annual Medical Expenses--------------------------------------- $15,000
i. Multiplied by estimated remaining life expectancy of 65 years--------- $975,000
TOTAL---------------------------------------------------------------------------$1,017,000
Jesse became permanently paralyzed as a result of the shooting. He will require specialized medical care for the rest of his life.
Proposed Settlement- The plaintiff is asking for a total of $1,017,000 in damages. According to the defendant’s violation of the Criminal Code Statutes, a jury is likely to award the full amount in damages. However, in the interests of a speedy trial and just end to the suit, the plaintiff is willing to settle for an immediate cash award of $500,000. This represents slightly under half of the anticipated recovery should this matter go to trial.
As counsel for the plaintiff, I urge you to take this settlement offer to your client in the spirit in which it is offered. I will look forward to your affirmative response.
_______________________
Jessica Thompson
Attorney at Law
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