Wednesday, June 17, 2009

A Trial Balloon Goes Up

This afternoon my attorney’s assistant called to relay the message that Lynda Allen’s insurance company had called to make an offer as inducement for me to drop the lawsuit. The offer is for the insurance company to move the icemaker (condenser, compressor, and bin/dispenser) to the south side of 810 Fishback and to enclose the machine.

Pro: Assuming properly engineered and constructed sound containment, no more icemaker noise.

Con: This is a very weak private offer, outside the purview of the court system, and unenforceable except for another lawsuit.

Con: No financial cost to Allen. This move would have the insurance company pay some relatively small construction costs and avoid paying for Allen’s attorney fees and other expenses to defend against the suit.

Con: All other business operations continue on the property, with lights, doors, Ice Bucket Brigade, trips to refrigerators and freezers, and commercial deliveries and services at all hours. Unpermitted sheds and mobile home, and abandoned vehicles and equipment all remain undisturbed.

An appointment for me to consult with my attorney has been set for next Monday, 6/22/09.

- only seven days remain on the lawsuit response deadline -

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