Date

Smith & Jones
6261 NW 17 Court
Sunrise, FL 33313

Fed-Ex Account Number – 0020394-8376      Fax – (305) 624-4456

Pinnacle Properties
7345 Maple Street
Margate, FL 33456

To Whom It May Concern:

 This firm represents Kaylan D. Colon, a resident currently residing at 311 NW 78 Terr. Bldg. 33, Apt. 104, Pembroke Pines, FL 33024. On September 2, 2005 my client spoke with Mary Lee Kowolskowittzz at your management office regarding problems she was experiencing with her air conditioning unit.  My client was assured that the situation would be taken care of promptly.  On September 19, my client contacted you once again with the same complaint and spoke with Guadalupe Benchita and was once again reassured that the problem was being worked on and that they would contact my client as soon as they found a licensed contractor to come and check her air conditioning unit since the maintenance repair man was on a leave of absence.  On October 16, 2005 our client experienced flooding due to the broken air conditioning unit and reported it to the management company immediately.  Pinnacle Management contracted Ian Jones Cooling and Heating Specialists who repaired my client’s air conditioning unit on October 18, 2005 and my client was told by your management company  that a flood restoration specialist  would be sent out to extract all the excess water caused by the broken air conditioning unit. My client called Pinnacle Properties management company on several occasions between October 18, 2005 – November 30, 2005 regarding the mess that the broken air conditioning unit caused.  On November 16, 2005 my client was diagnosed with severe allergic rhinitis which put her in and out of the hospital on several occasions.  After extensive testing and treatment over the next six (6) months it was proven ultimately that this condition was being caused by stachybotrys or more commonly known as toxic black mold.  My client then went to her local Ace Hardware and purchased a Toxic Black Mold Testing Kit, collected the samples from her apartment and sent them out to a mold testing lab to be tested.  My client received a positive reading for mold in her apartment.  My client immediately brought this to the attention the management company with written documentation from the lab that tested for the mold, letters from her doctors from the past six (6) months stating that her illness is directly related to the mold found in my clients apartment and a written request from my client to fix the problem immediately or release her from her lease with no penalties.  Pinnacle properties then sent my client a letter dated June 1, 2006 stating that the mold would be removed and that the carpets and pieces of the wall would be replaced no later then July 1, 2006.  Today is July 6, 2006 and nothing has been done.  My client demands that she receive compensation for the medical treatment received, The Toxic Black Mold kit and for testing costs in the grand total amount of 20,000$ in addition to the letter she received from Pinnacle Properties being honored, in full, by 12:00pm on  July 25, 2006 or a complaint will be filed at the Broward County Court.
Sincerely,
John Smith
    
  On June 1, 2006, Pinnacle Properties entered into a written agreement with our client stating that the carpets would be replaced and that the mold that is causing my clients illnesses would be removed no later then July 1, 2006.  

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To the best of our knowledge and belief, Mr. John J. Edwards was unable to work for 5/20/04 through 6/15/05 due to the seriousness of his health. Accordingly our client has lost approximately $55,638.48 in wages as a result of his injuries. His approximate yearly income was in excess of $54,658.88. Currently Mr. Edwards is employed with desk duty and has a decreased annual income.

We are seeking five million dollars ($5,000,000,000.00) for past and future medical costs. Mr. Edwards, by all standards is a young man with the symptoms of an 80 year old man. He cannot breathe without an oxygen mask, he is bed ridden most days due to extreme muscle weakness, he is constantly coughing up blood, and is looking at paralysis in the near future. (Please see enclosed pathology reports). Mr. Edwards’ prognosis is grim, but he’d like to know that his family will be taken care of when he is gone. To amicably resolve this matter we demand payment to be received in our office no later than midnight August 24, 2006. Payment should be in the form of a cashier’s check or money order.  If payment not received by the date mentioned above, we will pursue further action.

Very truly yours,

John Smith, Esq.
For the Firm

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The National Cancer Institute states that: malignant mesothelioma is a rare form of Cancer in which cancer cells are found in the sac lining the chest. Most people with mesothelioma have worked on jobs where they would inhale asbestos found in the air. Research has proven that W.R. Grace has operated a vermiculite mine in Libby, Montana. It has been discovered that the vermiculite that are mined in Libby are contaminated with asbestos. W.R. Grace shipped the vermiculite that is located in other states for processing packaging and distribution. At such facilities, the raw vermiculite was exfoliated; a process that releases trapped asbestos fibers into the air. Copulous amounts of asbestos dust were present at these sites and airborne. Asbestos fibers dispersed into the air between 1948 and 2004, over 330 thousand tons of contaminated verculites was in Trenton, New Jersey. Hundreds were also sent to Edgewater, New York and Camden.

It is our contention that your insured failed to use ordinary care in: a) keeping the premises in a reasonably safe condition and b) correcting damages conditions of which the owner knows, or should reasonably know and see given timely notice that are known or should be known to the owner. Your insured obligated to act as any reasonable prudent person would in maintaining the premises in a safe condition. Additionally your insured should have undertaken reasonable steps to repair any damages of which they had actual or constructive knowledge. This duty is nothing more than the reasonable person standard used in negligence case. [See Hylazewski v. Wet ‘N Wild Inc. 432 so. 2d 1371., 1373 (Fla., 5th DCA 1983); Pittman v. Volusia County, 380 so. 2d 1192, 1193 (Fla., 5th DCA 1980].

Furthermore, your insured is under an affirmative duty to inform the invitee of concealed damages when they are either known or should be known to the possessor of the premises. As a result of your insured’s negligence, our client has suffered serious and fatal injuries.

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Law Offices of Smith & Jones
6741 Sunrise Boulevard Suite 202
Plantation, Florida 33322
Broward (954) 552-8844
Facsimile (954) 552-8842

July 12, 2006
FedEx Priority #5857

Nicole Andrus Specialty Claim Service, Inc.
2050 Art Museum Drive
Jacksonville, Fl. 32207

RE: Your insured: W.R Grace co.
Claimant: John Edward
Date of accident: 5/20/00
Our file No: 18712-000

 As you are aware, this firm has been retained to represent Mr. John J. Edwards with respect to a claim for personal injuries. He sustained out of negligence of the defendant which occurred on May 22, 2004.

 This letter will serve as a formal demand package for settlement with regard to the aforementioned client. To assist in fair evaluation of claims, I have enclosed important facts, liabilities, and damages, medical records, experts and bills.

Facts and Liability

 The operative facts of this incident indicate on the aforementioned date, our client Mr. John J. Edwards of Camden, New Jersey is an engineer who has worked for W.R. Grace Company for fifteen years as a machine operator. After five years of employment with the company, Mr. Edwards started exhibiting health problems he’s never experienced before, issues such as excessive sneezing, chest pain, heavy breathing, abdominal pains, dizzy spells, cold-like symptoms that wouldn’t go away. My client Mr. Edwards along with many others, have made several complaints to the administrative and nothing was done. Mr. Edwards is a forty year old non-smoker with no prior serious medical problems; he is father of three, a husband, and the main income provider in his home. Mr. Edwards’ physical shape was excellent (pictures enclosed). He enjoyed many sports such as scuba diving, hiking, and basketball. However because of his health problems he has not been able to enjoy them at all. Last year Mr. Edward went to his primary doctor physician complaining of chest pains, shortness of breath and overall fatigue. His doctor then referred him to a pulmonary specialist who ran tests and was later diagnosed with pleural mesothelioma.

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 VII: Fiduciaries

I appoint my spouse, Harold Carames, as Executor of this will. If he is unable or unwilling to act, or resigns, I appoint my brothers Dariel Jaime and Rodger Castillo, as successor co-executors. If either co-executor also predeceases me or is unable or unwilling to act, the survivor shall serve as executor. My executor shall have all the powers allowable to executors under the laws of this state. I direct that no bond or security of any kind shall be required of any executor.
 VIII: Simultaneous Death Clause
If my spouse and I shall die under such circumstances that the order of our deaths cannot be readily ascertained, my spouse shall be deemed to have predeceased me. No person, other than my spouse, shall be deemed to have survived me if such person dies within 30 days after my death. This article modifies all provisions of this will according to IX: Guardian .
If my husband does not survive me and I leave minor children surviving me, I appoint as guardian of the person and property of my minor children my brother Dariel Jaime. He shall have custody of my minor children, and shall serve without bond. If he does not qualify or for any reason ceases to serve as guardian, I appoint as successor guardian my brother Dariel Jaime.
I have signed this will this ____ day of ____, 20___ .
___________________
(legal signature)

SIGNED AND DECLARED by Yunia Castillo on______ to be her will, in our presence, who at her request, in her presence and in the presence of each other, all being present at the same time, have signed our names as witnesses.
___________________
(signature)

Blair Witness

___________________

___________________
Address
___________________
(signature)

I. Witness

___________________

___________________
Address
Self-Proving Affidavit
STATE OF _____________
COUNTY OF _____________
Each of the undersigned, Blair Witness and I. Witness, both on oath, says that:
The attached will was signed by Yunia Castillo, the testator named in the will, on the ___ day of ___, 20__
When she signed the will, Yunia Castillo declared the instrument to be her last will.
Each of us then signed his or her name as a witness at the end of this will at the request of Yunia Castillo and in her presence and sight and in the presence and sight of each other.

Yunia Castillo was, at the time of executing this will, over the age of eighteen years and, in our opinions, of sound mind, memory and understanding and not under any restraint or in any respect incompetent to make a will.

In our opinions, Yunia Castillo could read write and speak in English and was suffering from no physical or mental impairment that would affect her capacity to make a valid will. The will was executed as a single original instrument, and was not executed in counterparts.

Each of us was acquainted with Yunia Castillo when the will was executed and makes this affidavit at her request.
___________________
(signature)

Blair Witness

___________________

___________________
Address
___________________
(signature)

I. Witness

___________________

___________________
Address

Sworn to before me this_______ day of _______, 20______.
___________________
(signature and official seal)
Notary Public

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