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Free «Sworn Statement of Peter Lava » Essay Sample

I Peter Lava a resident of Port Vila do make oath and state as follows:

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  1. THAT I am a volcanologist by trade
  2. THAT On 09/22/2011, I chartered a private plane owned by the 1st Respondent and flown by the Second Respondent to fly me to from Vila to Ambryn to observe a volcano.
  3. THAT  on 09/29/2011, the Second Respondent came to pick back from Ambryn.
  4. THAT mid flight, the Second Respondent told me that the plain was running low on fuel
  5. THAT when I inquired why the Second Respondent informed me that the plane had used more fuel than he expected because of the windy weather
  6. THAT the Second Respondent also told me that he had looked at the fuel chart for the smaller Cessna, which might have caused confusion.
  7. THAT the Second Respondent told me that we would instead fly to an airstrip once used during the Second World War at a place known as Takara on the north of the island.

 THAT from there the Second Respondent said I would take a truck and spend an extra hour getting to Vila.

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  1. THAT the Second Respondent assured me his employer would pay the cost of the truck from Takara to Vila.
  2. THAT I was very nervous as we approached landing and the Second Respondent re-assured me to stay calm.
  3. THAT the airstrip was totally covered in long grass and lined by huts on both sides; it was a busy village. People and animals roamed around.
  4. THAT he Second Respondent swung across once to warn the people to keep away then came back for the landing; he hit a pig. We had a crash landing.
  5. THAT my volcanic spectrometer worth $50, 000 US was completely smashed. I annex a certified copy of the receipt marked as “PL1”
  6. THAT I had to take a truck to Vila at an extra cost of $100 US from my pocket.

15. THAT on the way back I missed my flight to Fiji and had to spend an extra $100 US to      switch flights.

16. THAT I also had to stay in a hotel for two nights at $100 US. I annex a certified copy of the receipt marked as “PL2”

17. THAT I state under penalty of perjury that the above is true.

We refer to the matter above in which our client Peter Lava has instructed us to address you as follows:

 
 
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On 29 September 2011, our client hired one of your planes a Cessna X23 flown by your employee, Dashing Dave Dorito to fly him from Ambrym to Vila. Dashing, so negligently flew the plane that, he caused a negligent crash landing.

Particulars of Negligence

  1. Flying the plane without adequate fuel
  2. Failing to check the fuel chart before the flight
  3. Heading to Takara instead of Vila
  4. Flying on low fuel to an airstrip last heard of during World War 2 
  1. Attempting to land the plane on a field with people and animals
  2. Failing to look out for possible objects on the ‘runway’
  3. Landing in the tall grass
  4. Hitting a pig as he landed
  5. Causing the accident

Our client’s equipment was damaged, and he took an extra truck, missed his flight and spent money on a hotel. As a result, our client suffered loss for which he seeks to claim recompense.

Particulars of Loss

  1. Damages to the Medic volcanic spectrometer $50,000 US
  2. Truck from Takara to Vila $100 US
  3. Cost of changing flights $ 100 US
  4. Hotel for two nights $ 100 US

We therefore demand that you pay our client $53, 000 US within 7 days of this letter. If you fail to pay, we file appropriate suits against you at your enhanced costs. We hope to hear from you.

Sincerely

Jenny Phil 

   

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