Client Letter: King v. Sunny Days Resort

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The Law Offices of Patrick, Swayze, and Zimmerman
751 Main Street
Friendly, New Washington 00065
(200) 444-7778 • FAX 444-7678 • www.patricklaw.com

October 15, 2021

Ms. Esther King
139 Main Street
Friendly, NW 00065
Re: King v. Sunny Days Resort

Dear Ms. King:

The purpose of this letter is to inform you of the status of your case and summarize the law with regard to the facts of your case. Our law office has decided to take your case since we believe that a bailment was created when your sunglasses were left at the front desk of the Sunny Days Resort. In order to determine whether or not a bailment was created, there are two elements that the court will apply to the facts of your case - possession and an intent to physically control your sunglasses were present at the time.

Possession occurs when one has physical control over another’s property and an intent to exercise that control. In Morris v. Hamilton, possession occurred when Morris decided to physically take control of an item belonging to Hamilton, as well as intended to maintain control over the item. In your case, the front desk agent, Alex, had come into possession of your sunglasses, the same way Morris did with Hamilton’s item. Alex had physical control over your sunglasses after you handed him the item, and he maintained an intent to exercise that physical control.

Physical control can be best described as the care, custody, and control of another’s property. In Zurich American Insurance Company v. Public Storage, items belonging to Mr. Nsouli had become damaged while in the care, custody, and control of a storage company. Your sunglasses have gone missing while in the care and custody of Sunny Days Resort, which is similar to the way Mr. Nsouli’s property had become damaged while in the care and custody of Public Storage.

In conclusion, we are optimistic that the court will rule in your favor. We believe that the facts of your case meet the conditions needed to be considered a bailment. Our next step will include filing a lawsuit against the resort in order to recover the value of your glasses. Please contact me if you have any questions in regard to this matter.

Sincerely,

_________________________

Patrick Attorney

Attorney at Law

PAL/mjh


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