From judydoc@the-spa.com Fri Dec 25 02:12:20 1998
Date: Thu, 24 Dec 1998 09:43:32 -0500
From: Judy Morris 
To: bhammel@graham.main.nc.us
Subject: Diary Entry 12/24/98 -
         Victim Number 2 in the lawsuit is also dead


UNUM's lawyers from Portland have filed a motion to dismiss.  They did
not confer with me beforehand, nor submit to the court a certification
of personal consultation as required by the Local Court Rules.  This is
the second motion they have filed without the requisite conference.  The
Court Clerk is supposed to AUTOMATICALLY strike a pleading of this sort.
Let's see if it happens.  Meanwhile, of course in their motion to use
out of state lawyers, they swore they were familiar with the local
rules.  I already opposed their first motion and pointed out that there
was NO attempt to confer.  WHY ARE THEY ALLOWED TO BREAK THE RULES?

Of course the basis of the motion is that the case is too long and that
it is redundant and slanderous and that I accused them of murder, among
other things.  In other words they are asking the judge to dismiss my
case BECAUSE I AM ACCUSING THEM OF CRIMES they say they didn't commit
and I put in details of the evidence, law and precident that led me to
that conclusion.

On other news.  Victim Number 2 - Dr. Werner Aeschlimann in the lawsuit
is dead of suicide.

I had not had prior contact with this man.  I had based the allegation
in the lawsuit on the information contained in HIS lawsuit against UNUM
which I had gotten a copy from at the Massachusetts Superior Court in
Boston.  I did not know what happened to the case after it was removed
to Federal Court.  So I called the attorney representing the Doctor to
get an update.  He informed me that he was not licensed to practice in
Federal Court and so had turned the case over to a second lawyer.  Then
he told me that sometime subsequent to that Dr. Aeschlimann's alcoholism
and manic-depression had relapsed and he had driven his car into an
obstruction on purpose and died.  His family settled with UNUM for a
fraction of the $4 Million dollars he was asking for in the lawsuit (I
assume had Dr. Aeschlimann lived this was the approximate value of his
policy.)

So I called the Federal Court lawyer.  This guy was a jerk.  First he
insisted he couldn't tell me anything because he had to protect his
client.  (His client is course dead).  But he kept telling me I should
find a lawyer experienced in suing UNUM (like such a thing exists) and
that I should call ATLA.  I told him I had already had had three
lawyers, a disability lawyer, a young lawyer, and a firm of experienced
trial lawyers and what had happened with them. He even went to far as to
state that he thought UNUM's lawyers had done a really good job
defending UNUM.  But he couldn't quite understand that his client was
actually killed by UNUM and he had a duty to not let them get away with
it.

Unfortunately due to the CFS I don't think as quickly as I wish I would
or I would have told him that I think I might LIVE LONGER without a
lawyer representing me, since his client was dead.

Minor news:  The lawyer representing the hospital DID actually call me
last week, as required by the court rules, to tell me he is going to
file a motion to dismiss.  I called him back to say I was too sick to
confer that week.  I called yesterday to tell him I'm better but he had
left the office.

The attorney for the hospital's insurance agent had the agent himself
call me to ask if they could have an extention to reply to the charges
since they were actually SERVED with a summons (for ignoring the Waiver
of Service), their responses would be due Dec. 29.  Of course, silly me,
I said  "sure, you can have an extension until Jan. 8."  I'm sure
they'll take full advantage of it to try to jerk me around.  I just kind
of feel a little sorry for this insurance agent.  He seems like a nice
man, and he said he's never been sued before.  However he had already
written a letter to UNUM telling them he thought they were obligated to
pay my claim.  According to the law, the promises of an agent are
binding on the insurance company, and he actually put them in writing.

Well, we're off to visit friends and family this day before Christmas.
I have to try not to think or talk about business.  I'm dressing really
festive and wearing my Santa Hat that Jack gave me and my red rubber
nose that I got at the Patch Adams movie premier.

Hope your holidays are happy.
Judydoc

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The URL for this document is:


http://graham.main.nc.us/~bhammel/INS/DOCS/D122498.html


Created: December 25, 1998


Last Updated: May 28, 2000