DR9306-CS 960429 - GRIFFITH a NIXON - 'tZ) B O/:,
A Professional Corporation
ATFORN£YS & COUNS~
T~PHONE: ONE UNCO~ ~ FA~I~:
C2~4) ~ ~ ~I F~WAY, SU~ ~ ~ (2~4) 88~9~
, D~, T~ 752~
April 29, 1996
CMRRR ~ 874 708 743
Mr. Michael Vinson
M.A. Vinson Construction Co., Inc.
P.O. Box 185577
Fort Worth, Texas 76181
Res 632 E. Bethel School Road, Coppell, Texas ........
Dear Mr. Vinson:
Please be advised that this law firm represents Donald and
Katherine Jones (the "Joneses"), and our clients have advised us of
a claim against you relating to d~/nage you caused to the above-
referenced property.
As you are aware, the City of Coppell hired M.A. Vinson
Construction Company, Inc. ("Vinson") to construct Gabion walls
along Stream G-6 (the "Stream"). The Stream flows through a
drainage easement located on the Joneses' property. In the process
of constructing said walls, Vinson caused significant damage to the
Joneses' property. First, Vinson operated its vehicles and other
equipment over the entire length of the Joneses' property. Such
usage destroyed the grass, bushes and other landscaping on that
area of the property. In addition, the sprinkler system was
severely damaged due to the excessive weight of the heavy equipment
which Vinson moved across the Joneses' yard. Also, during the
construction process Vinson removed a wooden fence which must be
replaced.
The worst damage resulted from the severe erosion caused by
Vinson's removal of the Joneses' retaining wall. Not long after
Vinson removed the retaining wall, a torrential downpour occurred
which caused a tremendous amount of dirt which previously had been
supported by the retaining wall to erode and be washed downstream.
Over time, this erosion has continued to the point that now the
swimming pool, baby pool and spa have sustained considerable
damage. In fact, so much supporting soil has washed away that the
pool now stands as a precipice looki, ng down onto the Stream, M~
client fears that if any more erosion is allowed to occur, the
entire pool may break away from the deck and crash down into the
stream, blocking the culverts and causing disastrous flooding
throughout the entire neighborhood.
RECEIVED i";AY 3 1998
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Mr. Michael Vinson
April 29, 1996
Page 2
Moreover, the value of the real property itself has been
permanently and adversely affected. The severe damage which has
occurred to the pool, baby pool and spa must be disclosed in a
Seller's Disclosure Statement to any prospective buyer. Obviously,
the effect of such disclosure will be
prospective buyer will be willing to pay those damaged
improvements. Moreover, quite simply, much of the valuable soil
itself has washed away due to the erosion caused by the removal of
the retaining wall and subsequent failure to protect the exposed
slope. As such, the market value of the property has forever been
damaged and decreased.
Vinson had no right to trespass upon the Joneses property.
Moreover, Vinson was grossly negligent in its utter disregard for
the Joneses property and has created a potentially disastrous
situation. By copy of this letter, we are also notifying CNA
Insurance Company of this claim. While CNA previously has been
notified and involved, its offer to settle was ridiculously low in
light of the condition of the property damages caused by Vinson.
We estimate the cost of replacing the retaining wall alone to be
approximately $20,000. I invite you to visit and examine the
Joneses' property. Please call me to arrange for an inspection if
you so desire.
Please consider this letter to be a formal demand for payment
in the amount of $75,000. If payment in the amount stated above is
not made by you to the undersigned within seven (7) days from your
receipt of this letter, we have been authorized to take all legal
measures to protect our clients' interest in this matter, including
litigation if necessary. Please be advised that in the event of
litigation, we will seek to recover attorneys' fees, court costs,
and appropriate interest in addition to the principal amount owed.
You may, of course, avoid theses other unnecessary expenses if
prompt payment is made. Please direct all responses and inquiries
to the undersigned at your very earliest convenience. If payment
is not received on or before Monday, May 6, 1996, our actions will
be guided accordingly.
Scott Griffith~v
cc~ Regina Jiminez, CNA Insurance Company, Claim No. 64589617D1
Donald and Katherine Jones
Jeffrey T. Libby, Esq. (of the firm)
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