# Question 70: The Ruling Letter to Rosa

## Your role

You represent Rosa Mendez in a personal-injury case. The court issued a partial summary-judgment order. Draft a plain-language letter of no more than 400 words explaining what Rosa won, what remains disputed, the settlement offer, and exactly what she must do next.

## Governing law

Use the following rules in the letter:

1. Partial summary judgment conclusively resolves only the issues the order identifies. Resolved liability issues are not retried, but unresolved causation and damages remain for the jury.

2. The plaintiff must still prove that each claimed treatment, lost wage, and noneconomic injury was caused by the collision.

3. A formal settlement offer may shift post-offer taxable costs if the plaintiff rejects it and later obtains a judgment no more favorable than the offer. The supplied rule does not shift the defendant's attorney fees.

4. A party must attend a properly ordered independent medical examination and cooperate reasonably, while counsel may address scope and scheduling disputes with the court.

5. Evidence subject to a disclosure deadline may be excluded if not produced in time. Counsel must cure the identified record gap by the stated date.

6. Once litigation is pending, the client must preserve relevant documents, messages, photographs, and social-media content and must not delete or alter them.

7. A client letter should translate the ruling into decisions and actions without promising a verdict or hiding material downside.

## Facts and ruling

Rosa was injured when a delivery van struck her car. On August 20, the court ruled:

* The van driver was negligent.
* The driver's negligence caused the collision.
* The defendant may not argue that Rosa caused the collision.
* A jury must still decide whether Rosa's later shoulder surgery was caused by the collision and the amount of all damages.

Rosa has $145,000 in medical bills and wage loss that the defense does not presently dispute. The shoulder surgery adds $120,000 in claimed medical expense plus disputed pain and future limits.

The court stated that records from Rosa's prior shoulder treatment will be excluded unless produced by August 28. Rosa has not yet signed the provider authorization.

The court ordered Rosa to attend an independent medical examination on September 10 at 9:00 a.m. Defense counsel has made a formal $210,000 settlement offer expiring September 18. If Rosa rejects it and her final judgment is $210,000 or less, she must pay the defendant's post-offer taxable costs, estimated at $18,000 to $35,000. The offer does not expose her to the defendant's attorney fees.

Rosa's treating surgeon will issue a causation report by September 12. Counsel can meet with Rosa on September 15 to evaluate the offer with that report. The pretrial conference is October 1 and trial begins October 19.

Rosa posted photographs about her recovery and asks whether she should delete them. She also asks, “Did we win the case, and do I still have to go to the defense doctor?”

## Assignment

Draft the final client letter, no more than 400 words. It must:

* Answer Rosa's two questions directly.
* Explain the exact effect and limit of the court's ruling.
* Explain the $210,000 offer and cost-shifting consequence accurately.
* Give clear instructions for the August 28 records deadline and September 10 examination.
* Tell Rosa what to do with social-media content.
* State why the September 12 report and September 15 meeting matter.
* List the October 1 and October 19 dates.
* Avoid jargon, overpromising, and unnecessary detail.

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