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Michael T. Griffith

7919 Sentinel Circle

San Angelo, TX 76904-7939

September 13, 2002

Billy Cleve Moore

306 South Jefferson

San Angelo, TX 76901

Mr. Moore:

My First Sergeant informs me that when he called you a couple days ago, you mentioned the fact that there was already a dent in the same panel of our car that you hit on August 3. First of all, that's irrelevant. Just because there was a preexisting dent in that panel doesn't excuse the fact that you made another (much larger and deeper) dent in the panel. Moreover, the dent that you made is several inches from the preexisting dent, and, as mentioned, it's larger and deeper than the preexisting dent. The preexisting dent is a relatively neat, square, shallow dent that was made when some teenagers threw a brick at our car from the side of Loop 306. That dent is on the opposite side of the gas cap and several inches from the dent that you caused.

My wife and I had planned on getting the preexisting dent fixed early next year. Now, however, because of the dent that you made in that panel of our car, it will cost at least twice as much to have the panel repaired. Before you backed into our car, we could have had the panel fixed for about $600.00. But with the addition of the dent that you made in the panel, the repair estimates range from $1,300 to $1,800. Before you hit our car, there was only the shallow square dent in the panel. Now there's also a larger, deeper dent in the panel. You should step up like a man and take responsibility for hitting our car and either pay for the damage or admit to your insurance company that you did in fact back into and damage our car.

Finally, a point of clarification: In my previous letter, I said your car has a "black rubber bumper." In reviewing this with my wife, she says her best recollection is that your bumper is silver or gray and that it has a black rubber or plastic strip on it.

The fact that your bumper didn't receive "any scratches" is still pointless. The first part of your bumper to hit our car would have been the black strip on the bumper. There were visible black smudges in the dent that you made (in fact the black streaks are still visible). There certainly would not have been "scratches" made in the black strip on your bumper. Also, it's quite possible that the relatively pliable body of a small car like our Kia Sephia would not leave scratches on the chrome part of the bumper, especially given the fact that our car was stationary when your truck backed into it. In fact, the black strip may have been the only part of your truck that made contact with our car.

By the way, to judge from your assertions, you didn't look in your rearview mirror while you were backing up. My wife only saw you look in your rearview mirror as you began to drive away just after you had hit our car. If this matter goes to small claims court and you decide to claim you were in fact looking in your rearview mirror while you were backing up, then you'll have to explain how you failed to see our car at any time while you were backing up and how you could not have known that you had hit our car.

Signed,

 

Michael T. Griffith