Law School Gone Wrong

Kate's room-mate Alex bumped into some guy's computer (which was sticking out into the aisle) with his book bag and damaged it. Soon after he received this email, which contains, in our friend Kim's description, "1st-year civ pro lingo."


-----Original Message-----
From: XXX
Sent: Wednesday, October 26, 2005 1:39 PM
To: Alex Hunt
Subject: Re: computer


Having not heard from you or Dean Ballenger after I emailed her back about
my availability for a meeting, I can only assume that our ADR options
through her office, or the law school generally, are more or less
non-existent. Her email more or less confirms that, though she did say
she'd look into it for us.

At this point, I have reached the conclusion that waiting around for an ADR
solution to present itself is not in our best interests. I want to resolve
this matter conclusively and soon. So, I present you with the following
three options and await a response.

(1) Because the nature of a small claims proceeding is relatively
non-adversarial (each party represents himself, presents his case, and the
judge essentially acts as an arbiter between them), we could use that as a
way for us to each present our views on what happened, who's liable, and
why. I would go to the courthouse in Charlottesville on Monday, file a
warrant in debt, and mail you a copy by certified mail. The court would set
a date, and if it presented a conflict with either of our schedules (be it
an exam conflict or otherwise), either of us would ask for a continuance and

I would certainly not oppose such a request. I'm looking at this,
essentially, as a way for us to use an existing structure to resolve our
dispute in a more or less amicable way. If you'd like to pursue this
approach, please send me your mailing address here in Charlottesville, and
I'll file the necessary paperwork and keep you aware of what I'm doing by

(2) Alternatively, we can choose a repair facility to estimate the cost
of repairs and split the cost evenly. Since you seem to believe that 100% of
the damage is my fault, and I believe 100% of the damage is your fault that
might not be a bad compromise. I would like to have an agreement on this
approach, should it be what you want to do, worked out between us and in
writing by the end of this week.

(3) Finally, if you are unwilling to agree to either of the other two
approaches here, please feel free to suggest some other definitive course of
action to resolve our dispute or simply continue to ignore the matter. I
will proceed by filing a warrant in debt on this coming Monday, and since
you haven't given me your address (a necessary condition of having the
normal constructive service affected), I will have to go through the extra
expense of having a process server personally serve you. Since I only know
one place you can reliably be found, in the classes we share, that would
probably be where I would suggest that they serve you. I would like to
avoid that, but I will take that route in order to avoid further delays if I
have to.

I await your response.