Re: Tort Claim Notice and IPRA/Preservation Request
Date of Incident: 03/01/2019
Client: Bernie Butterfield
To Whom It May Concern:
Please be advised that this office has been retained by Bernie Butterfield for the purpose of providing you a tort claim notice regarding injuries and damages sustained as a result of a slip and fall incident of 03/01/2019 at the Puerto Del Sol Golf Course. It is our understanding that the City and Golf Course have already been apprised of Mr. Butterfield's fall and the defective condition of the sidewalk (buckled by tree roots) that caused it; photographs were taken by Golf Course personnel of the defective condition. It is also our understanding that steps have also already been taken to begin fixing the defective condition.
Mr. Butterfield does not desire to make a claim against you for damages at this time, but we are preserving his right to do so in the event future developments necessitate it.
This notice is timely made pursuant to the New Mexico Tort Claims Act. Specifically, failure to maintain safe walking conditions at the Puerto Del Sol Golf Course.
This letter also serves as an IPRA request for preservation and production of all relevant evidence and records in this case without any additions, alterations or tampering, including but not limited to the following:
- Any and all photographs, video and audio recordings of the incident and/or the incident location, in their original format. If there are any items involving a "loop" video recorder, please immediately take the device to a professional video or audio technician.
- Any and all documents related to your business as it relates to this claim, including but not limited to maintenance and repair records, receipts, invoices, bills, letters, facsimiles, e-mails, financial data, bank statements, checks, and other documentation discussing or reflecting such business.
- Any and all statements and/or reports recorded by any witness or employee, in any form that relates to the incident or incident location (whether written down, audio recorded, or notes taken by you or another).
- Any and all documentation showing who was on duty on the date and place of incident (including but not limited to employee log sheets, time cards, payroll checks and stubs, Quickbooks or other electronic data, )
You are hereby on notice that New Mexico law and discovery rules prohibit the spoliation or alteration or destruction of evidence. See Segura v. K-Mart Corp., 2003-NMCA-013, 133 N.M. 192 and Restaurant Management Co. V. Kidde-Fenwal, Inc., 1999-NMCA- 101, 127 N.M. 708. The above items must be maintained in their original condition and not altered or destroyed in any way as litigation is pending. You must take every reasonable step to preserve the above evidence until the final resolution of this litigation.
Peter D. Grueninger