February 4, 2010
Via E-Mail
Ms. Diane Hutcherson
Schoolmaster, Hom, Killeen, Siefer & Arene
150 West Jefferson Avenue
Detroit, Michigan 48226
Re:
Insured: Fred Nance
Claimants: Rose Bradford, et al.
Court No.: 09 L 003377
Claim No.: IL-3007042
Date of Loss: August 13, 2008
Ms. Hutcherson:
I was totally disappointed in the decision rendered by Arbitration judges, Mr. John Fitzgerald, Ms. Aviva Lichtenstein, and Renu Thamman all of who are “white”. It was totally biased toward me an African American male, favoring the defendants (females), and in particular the “white” Attorney who was defending the counterclaim. This decision of “negligence” against me had to be based on a statement the “white” attorney reported I made, which was taken out of context by this attorney defending the counterclaim. This tribunal had nothing else to base their decision against me.
I informed this “tribunal” that the plaintiff (Bradford) stop and proceeded to drive 3 to 4 different times before the accident. I informed this tribunal that after the 2nd or 3rd stopping and going of Bradford “…I got tired of this mess and proceeded to go around her….” The Attorney defending the counterclaim told the tribunal that because I said “I got tired of this mess” I was reckless and negligent. Mr. Scott McKenna, who works for you, did not challenge or object to this statement, thus giving this statement validity.
There was no other reason this tribunal could have come to a decision of negligence on my part. If they had some “real” evidence of negligence they would have ruled “completely” in the plaintiff’s favor. As Mr. McKenna states, you and AAA received an excellent result in terms of the damages. This tribunal gave Bradford and her band of “liars” their emergency room charges, that is, $3,777.00 instead of the $34,712.00 they asked for their “bogus” treatment. The plaintiffs’ admitted they never saw a medical doctor.
One of the professional “hats” I wear is that of a clinical counselor/therapist. I have worked in this area for over 14 years. I pay attention to an individuals’ body language when in communication or dialogue. I have adopted the theory that at least 70% of communication when speaking is body language. This tribunal and the “white” attorneys for Bradford resented the fact I had a Ph.D. I had to continuously remind them not to address me as “Mr. Nance”, but rather,“Dr. Nance.” The “white” tribunal and attorneys for the plaintiff(s) body language spoke volumes to how they characterized me.
I have been litigating since 1992, in the State of Illinois circuit and appellate courts, the Federal district and appellate courts, the Illinois Supreme Court, and the United States Supreme Court. I am familiar with the processes. One of the amazing things about the processes of this tribunal is that they allowed the plaintiffs to sit in the room while each gave testimony to how the accident occurred, how they sustained their injuries, and how their injuries were treated. Each plaintiff said the same thing they heard the other plaintiff say. Mr. McKenna did not object to this testimony or practice. To get at the “real” facts in arbitration or any litigation, the plaintiff(s), defendant(s), or any witnesses should give testimony individually and privately to a tribunal, in this case, or a judge. Using these processes, the testimony has more validity. This tribunal was not looking for justice or equality in their decision. This decision was ludicrous, nefarious, and prejudiced against me.
I would not suggest you deny the arbitration award. It favors your client (AAA). The issue I have is that this decision reports me as being negligent, when I know the plaintiff Bradford caused this accident, and she lied under oath. More importantly, is the issue of an award of any kind going to the plaintiffs. This is not only happening here in Illinois, but all over the country. This is one of the things that are driving automobile insurance rates up all over the country. This is a negative social issue. This is a policy issue.
I will reserve writing more on this issue, at this time. I will consult with my peers on this issue to see who is writing or addressing insurance fraud and policy. I will post this correspondence on my blog, on Twitter, on Facebook, and LinkedIn, to name a few.
Respectfully submitted,
Fred Nance Jr., Ph.D.
Human Services/Social Policy Analysis
cc:
Scott McKenna
http://clickforjusticeandequality.blogspot.com
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