SS9701-CS 970619NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.
Attorneys & Counselors at Law
1800 Lincoln Plaza
500 North Akard
Dallas, Texas 75201
(214) 965-99OO
Fax (214) 965-0010
June 19, 1997
JOHN F. ROEHM I[I
JENNIFER R. DIE'I-ZE
~ C. MARSHALL
Mr. Arch C. McColl, III
McColl & McColloch
Attorneys at Law
1175 Thanksgiving Tower
1601 Elm Street
Dallas, Texas 75201-4718
Re: Claim of Charles and Dianne Seraphin vs. City of Coppell, Texas
Dear Mr. McColl:
I am sorry for the delay in getting back in touch with you regarding the claim
letter that you wrote to Mr. Jim Witt, City Manager of the City of Coppell/dated May 13,
1997 for your clients, Charles and Dianne Seraphin. I wanted to make a physical
inspection of the property and also visit with Mr. Ken Griffin, Assistant City Manager
and Engineer for the City. After reviewing the matter, I find no legal basis for yourclalm
contained in paragraphs numbered 1 and 2 of your letter of May 13, 1997. In our
opinion, the City has governmental immunity and no liability for such damages, if any
exist.
With regard to item 3 in your letter it is my understanding that the City Manager
had indicated to your client in a letter dated May 2, 1997 that the City would restore your
client's property which may have been intruded upon during the work which was in
progress.
If you have any authorities to support your claim for items 2 and 3 in your letter, I
will be glad to review such authorities and reconsider my decision in this matter.
Any offer made by me or by the City in regard to this matter is made as an offer
of compromise on the part of the City and is not an admission of any liability on the part
of the City.
Mr. Arch M¢Coll
June 19, 1997
Page 2
Please let me hear from you and I will review the matter again and certainly
reconsider any authorities you may have showing that the City has legal liability with
regards to the claims of ~our client.
Thanking you very much for your cooperation in this matter.
Very truly yours,
NICHOLS, JACKSON, DILLARD,
HAGER & SMITH, L.L.P.
By:
H. Louis Nichols
HLN/sb
cc: Mr. Ken Griffin, Assistant City Manager/Engineer
City of Coppell
P.O. Box 478
Coppell, Texas 75019
NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P.
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