Free Letter - District Court of Delaware - Delaware

Case 1:04-cv—01326-Gl\/IS Document 31 Filed 05/22/2007 Page 1 of 2
COFFEY KAYE MYERS ik OLLEY
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May 17, 2007
Honorable Gregory M. Sleet
United States District Court for
the District of Delaware
844 North King Street
Wilmington, DE 10801-3570
Re: Danny L Salyer, et al v. Allied Automotive Group, et al
Civil Action No. 04—1326(GMS)
Dear Judge Sleet:
I am sending you this letter in response to Your Honor’s Order setting a May 22, 2007,
Scheduling Conference. It is being sent with the consent and agreement of James L. McKenna, Esquire,
counsel for Allied Automotive Group. This case is now in a most unusual posture.
As Your Honor is aware, this case has been reactivated with the permission of the United
States Bankruptcy Court for the Northem District of Georgia. under the Bankruptcy Court’s Order,
plaintiff may proceed with the personal injury action against Allied Automobile Group, but is not able to
recover any money from Allied and may only recover money from insurance policies. Unfortunately, we
have recently leamed that Allied has numerous insurance policies, but that the lowest deductible on any
of the policies is $1 million dollars. Mr. McKenna has sent the documentation conceming the insurance
policies, their deductibles, and has verified to me the accuracy of this information.
Mr. Salyer sustained serious personal injuries because of his accident, and is entitled to
a substantial jury verdict, but the likelihood of a jury awarding in excess of $1 million dollars is extremely
slight. I have had a lengthy conversation with Mr. Salyer and explained to him the insurance deductible,
the valuation of his lawsuit, and the simple fact that a jury is very unlikely to render a verdict sufficient
for him to ever recover any money. I also informed Mr. Salyer that it made no sense to require the Court,
the defendant, defense counsel, my law firm or himself to go through the time and expenses preparing for
trial, and then actually proceeding with trial, when there is no reasonable likelihood of monetary recovery.
Mr. Salyer is actually a very nice gentleman who, although extremely disappointed over the situation,
realistically understands what I explained to him.

Case 1 :04-cv—01326-GIVIS Document 31 Filed 05/22/2007 Page 2 of 2
COFFEY KAYE MYERS G; OLLEY
Page -2-
Re: Salyer v. Allied
C.A. No. 04-1326
May 16, 2007
As I explained to Mr. McKenna, this firm has recommended to Mr. Salyer, given the
unusual circumstances of this case, that he agree to its voluntary dismissal. Mr. Salyer understands that
this recommendation makes the most sense, but has requested that he have an opportunity to speak with
some other lawyers about his case before signing off on my recommendation.
Therefore, Mr. McKenna and I respectfully request that the May 22, 2007 telephone status
and scheduling conference be continued for sixty days. At the end of sixty days, I will either report to
the Court that Mr. Salyer has obtained new counsel who views the matters differently than I, or we will
be filing a Stipulation for Voluntary Dismissal.
As a further matter, Mr. McKenna asked me to bring to Your Honor’s attention the fact
that he has recently broken his foot, has been instructed by his physician to keep his leg elevated most
of the day, and therefore is only able to get into his office for an hour or so, every few days, during the
next few weeks.
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