Personal Injury Trip and Fall Settlement Demand to CVS

July 3, 2007

CVS

Cindy M. Cellucci

Adjuster II

Risk Management Department

Telephone: (401) 770-5995

Fax: (401) 652-0850

SENT VIA CERTIFIED MAIL: 7007 0220 0002 1185 2607

RE: Thirty (30) day Settlement Demand

Our Client: CLIENT

Date of Incident: 9-12-2006

Your file #: 06-GL-7493

Dear Ms. Cellucci:

As you know, this firm represents CLIENT in her personal injury claim resulting from tripping and falling over a bucket that was improperly placed in the middle of an aisle in a CVS store, located at 8900 S.W. 97^th Avenue in Miami, Florida 33176. Now that I have had an opportunity to review the evidence relating to liability and damages, it is obvious that the value of our client's claim is valued far beyond your insured's policy limits of $150,000. I am writing this letter to outline the issues of liability and damages, and to afford CVS an opportunity to settle this matter in full for $150,000.

FACTS AND LIABILITY

I view this claim as one of clear and straightforward liability. As I am sure you know from your investigation of this claim, my client was a customer in CVS when she tripped over a plastic container that was negligently left in the middle of an aisle to collect dripping water from the roof. On or about September 29, 2006, I sent CVS a letter requesting it to preserve video footage of her fall. As you can see from the attached pictures, the color of the container is the same as the carpet and thus blends in and was not visible to Ms. Client. CVS had a duty to not place objects which are not open and obvious in the middle of an aisle. CVS breached that duty by placing this container in the aisle without any warning signs around it. CVS knew, or should have known that customers would be distracted by the advertisements in the aisle. CVS' breach of duty resulted in serious injuries (mentioned below) to Ms. Client.

I have attached a witness statement of Nicole Padro, an unbiased witness, wherein she states:

1. [Nicole Padro] "Saw Ms. Client lying flat on her stomach, with her arms and her legs sprawled out."
2. [Nicole Padro] "Heard a noise that sounded like someone fell, I looked back and saw CLIENT on the floor. There was a rectangular bucket on the floor. I believe that the bucket caused her to fall because there were no warning signs around it. Ice wrap was put on her ankle by a female employee."
3. CLIENT kept saying "My ankle, my ankle."
4. An ambulance was called but later called off.

Should a lawsuit be required, a jury will consider the testimony of any store employee(s) to be biased. I have enclosed pictures of the bucket and of Ms. Client's injuries. Should you require additional photos, please do not hesitate to contact me.

MEDICAL TREATMENT AND DAMAGES

Within hours after the accident, Ms. Client went to Baptist Hospital, and Dr. John Hoover, M.D. diagnosed her with a left calcaneus fracture. Dr. Hoover applied a short leg splint, and prescribed Naproxen 500 mg tablets for pain to Ms. Client. The Baptist Hospital clinical report states that Ms. Client "sustained a twisting injury, while she was at CVS pharmacy she was walking and did not see a bucket that was in the way. While she was falling she twisted her left ankle. Pt unable to bear weight on the ankle at the time of injury and still cannot bear weight. Patient is experiencing moderate pain."

On October 10, 2006, Dr. Ringler first saw Ms. Client and provided her with an Unna Boot. On November 11, 2006 Dr. Ringler examined Ms. Client as well as on December 1, 2006.

On November 21, 2006 Dr. Patricio Rossi's impression of the MRI of the left ankle was 1. Focal Tenosynovitis of the flexor hallucis longus 2. Small Slit Tear of the Peroneus Brevis Tendon at the Fibular Groove.

On January 23, 2007 Dr. Zaslow performed an initial exam on CLIENT wherein she told him that she was at CVS when she slipped and fell over a plastic box that was in the aisle. She twisted her left ankle. The next day, she went to Baptist Urgent Care Center where she was splinted, and had X-rays taken of her left ankle. She had immediate swelling and bruising on the left ankle and both of her legs. She also had pain in her lower back the day after the accident. The patient told him that she saw Dr. Fox one time only who placed the patient on the left short leg cast for nine weeks and saw Dr. Ringler, M.D. an orthopedist who did not render therapy, but gave the patient a prescription to go to therapy at HealthSouth. Dr. Zaslow' s diagnosis was 1. Status post left ankle strain and sprain. 2. Rule out peroneus tendinopathy 3. Lumbar strain and sprain. 4. Somatic dysfunction of the spine. 5. Rule out HNP of the lumbar spine.

Ms. Client received physical therapy at Orthopedic Health & Rehabilitation Centers on January 26, 2007 and January 31, 2007.

On February 9, 2007, Dr. Zaslow examined Ms. Client wherein he noted that she told him that her lower back symptoms have been worsening. She is unable to forward flex the lower back past 30 degrees, and cannot fully hyperextend her back. Rotation bilaterally is significantly restricted, and she cannot get off the examining room table without assistance. Dr. Zaslow reviewed an MRI of the left ankle performed at Virtual Imaging on November 21, 2006 showing focal tenosynovitis of flexor hallucis longus tendon, and a small tear of the peroneus brevis tendon at the fibular groove.

On February 22, 2007 Dr. Robert Martinez, M.D. treated Ms. Client's and noted her having lower back pain radiating to the left lower extremity. The impression was 1. Minimal Grade 1 anterolisthesis at the L4-L5 level, with a pseudo disc bulge. 2. Minimal disc bulge is present at L3-L4. 3. Bone edema is present within the left L5 pedicle, with no definite fracture or pars defect evident on these views.

On February 27, 2007, Dr. Zaslow examined Ms. Client and noted that she had no back symptoms until the accident of September 12, 2006. She has severe left lower extremity radiculopathy, which is causing significant pain to Ms. Client. A MRI of the lumbar spine was performed at Gables MRI and noted a bulging disc at L3-L4. She also underwent an NCV of the lower extremeties on January 3, 2007 showing right S1 radiculopathy, right sural neuropathy, right peroneal mononeuropathy, and the peroneal nerves myotomally derived from the L5-S1 nerve roots. The patient had a positive Lasegue on the left, could not hyperextend her back and is ambulating with a slight left-sided degree of limp. She is treating her left ankle with Dr. Carbonell who gave her cortisone injections. The patient was also told that she is a candidate to undergo discography, possibly percutaneous discectomy versus LFFB, and is willing to proceed.

Dr. Zaslow noted that the patient saw Dr. Carbonell after initially seeing Dr. Zaslow on January 23, 2007. Dr. Carbonell gave her an injection to the ankle joint with 0.3 cc of Celestone Soluspan. He ordered two Aleve, to use a left ankle brace, and to return in two to three weeks.

On April 25, 2007 Dr. Zaslow examined Ms. Client and noted that she has pain in her lower back, foot and ankle. Dr. Zaslow noted that she has seen Dr. Jaime Carbonell, a podiatrist who has given her three cortisone injections to her ankle. She is using a left ankle pull-on support. She has focal tenosynovitis in flexor hallucis longus and a small tear of the peroneus brevis tendon on fibular groove. An NCV/EMG was performed of the lower extremeties on January 30, 2007 at Star Medical that showed right sural sensory neuropathy, and right peroneal motor neuropathy. An EMG of the lower extremeties showed left L4 and S1 radiculopathy associated with regeneration and no denervation, evidence of radicular pain during the examination noted by Jose Marcus, M.D.

A report from Dr. Carbonell dated January 29, 2007 indicated assessment of ankle joint synovitis, damage of the ATF ligament and possible rupture of the ATF, split tear of the peroneus brevis tendon, rule out radiculopathy of the lumbosacral region, an injection of 0.3 cc Celestone Soluspan was given as well as Aleve. Dr. Zaslow stated that regarding the lower back, the patient understands that she has permanent injuries and will have good and bad days indefinitely. The patient has a bulging disc in the lumbar spine at L3-L4, anterolisthesis at L4-L5, and bone edema present at L5 pedicle. Dr. Zaslow noted that the patient wishes to undergo aggressive physical therapy. Dr. Zaslow stated that she will engage in home exercises and avoid prolonged sitting and walking, use her pull-on sleeve as needed and avoid excessive bending, lifting, pushing or pulling.

III. MEDICAL EXPENSES

PROVIDER DATE(S) BILLED

Baptist Hospital of Miami 9/13/2006 $ 2,267.00

Adam Ringler DPM 10/10/2006-12/1/2006 $ 970.00

Virtual Imaging 11/21/2006 $ 1,800.00

Orthopedic Health & Rehabilitation 1/23/2007 - 4/25/2007 $ 2,120.00

Star Medical 1/30/2007 $ 250.00

Gables MRI 2/22/2007 $ 1,850.00

Radiology Associates 9/13/2006-11/24/2006 $ 178.00

Garnet and Carbonell DPM LLC 1/29/2007-5/16/2007 $ 2,385.00

Total: $ 11,820.00

As of 07/02/07

TOTAL MEDICAL BILLS:

Obviously, these bills do not take into account the cost of Ms. Client's future care. If Ms. Client experiences flare-ups and requires follow up care of a palliative nature in the future of one to two visit s per month, there will be an estimated cost of $2,500-$5,000 per year.

DEMAND

As a direct result of the negligence of your insured, the permanent nature of Ms. Client's injuries, the great diminishment of Ms. Client's ability to enjoy life, to participate in the activities to which she had been accustomed to, and taking into consideration the negligence of your insured, we are hereby prepared to make a formal offer for one hundred fifty thousand dollars and zero cents ($150,000.00) for full settlement of this claim in lieu of a very costly and protracted litigation.

Enclosed please find medical records for Ms. Client with the corresponding medical bills. Please review the enclosed documents and respond within thirty (30) days receipt hereof, to wit, August 2, 2007 by no later than 5:00 PM. If no offer is made at the expiration of the thirty (30) days, the demand for settlement will be withdrawn.

I know that you have been in this business long enough to recognize and appreciate the significance and magnitude of Ms. Client's injuries and prognosis. I am sending you this letter to advise you that I have been authorized by CLIENT to offer to settle her claim for your insured's represented liability policy limits of $150,000.00. I am going to hold this offer open for thirty (30) days from the date of this letter or until August 2, 2007 at 5:00 p.m. Since I have extended this offer of settlement to remain open for a period of thirty (30) days, I feel that this is plenty of time for CVS to make a firm decision on this claim. I do want to let you know that in the event this offer is not accepted within the time limit set forth above, this offer will be withdrawn and will not be reinstated at any time, for any reason or under any circumstances whatsoever. Also, in the event that CVS's $150,000.00 check is not delivered to my office on or before August 2, 2005, I wish to further advise you that I intend to proceed all the way through trial and take whatever steps and measures are necessary to pursue collection of the full amount of any excess judgment directly from your insured. It is my sincere hope that we can avoid that contingency, however, the proverbial "ball is in your court".

Please advise if you need anything further in order to fully evaluate this claim.

Respectfully,

Personal Injury Attorney