Madsen V Clayton Preparation Worksheet
Madsen V Clayton Preparation Worksheet
SELF OTHER
PRIORITIZED
INTERESTS & #_1__Maximize the settlement #___
POSITIONS
#___
RESERVATION $284,000
PRICE
TARGET/ $1,000,000
ASPIRATION
Anchor high, and come down to $300,000 before going to Trial. Cite negligent maintenance of property that led to the
destruction of the plaintif’s dreams, and that it is in defendant’s interest to settle this before trial as a judge is going to see an
expert’s failure to maintain their own property as egregious and will award the plaintif a substantial sum.
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1. If this case goes to trial on the issue of physical pain and suffering and mental anguish, what is your best estimate of the amount
the judge has awarded?
Estimate - $324,000
2. Briefly describe how you arrived at your estimate of the Judge’s award?
(Treble the medical costs of $108,000 – courts like to use some figure as a baseline in deciding these types of cases to give the
air of rationality) and based on the property being owned by the defendant and the defendant being an expert in the field, I
would say that a Judge would want to set some sort of example of the defendant so something like this does not happen again.
Compounding factors that increase the award would include the age and profession of the plaintiff, his inability to play the
guitar and the negligence of Clayton in not acting to prevent cars from parking illegally on his property or maintaining grates on
his property.
3. What amount of money would be most fair for you to receive for physical pain and suffering and mental anguish?
4. Suppose the defendant were to make you a “take it or leave it” offer in the first period. Furthermore, the defendant will make
offers of zero in periods 2, 3, and 4, ensuring that if you do not accept the offer in the first period you will go to trial (and pay
$40,000 in legal costs). Under these circumstances, what is the minimum amount you would accept from the defendant in order
to settle the case and not go to trial?
Minimum Amount - $250,000 (this is a fair amount which I do not see a court going below and I would accept this
amount to reduce the uncertainty of the potential award)
This study source was downloaded by 100000845497853 from CourseHero.com on 01-14-2024 18:28:36 GMT -06:00
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