----- Forwarded Message -----
From: John McMillan <mcmillanj@att.net>
To: Heidi O'Keefe <hokeefe@innout.com>; updholderoutreach@sco.ca.gov <updholderoutreach@sco.ca.gov>; Rori Andreason <randreason@midvale.com>; him-roi@umail.utah.edu <him-roi@umail.utah.edu>; awebber@starbucks.com <awebber@starbucks.com>; wdiaz@cupboptruck.com <wdiaz@cupboptruck.com>; Slchamber Info <info@slchamber.com>; Utah Restaurant Assn 2022 <info@utahrestaurantassociation.org>; commerce@utah.gov <commerce@utah.gov>; constituentservices@utah.gov <constituentservices@utah.gov>; Utah Lt. Gov. Deidre Henderson 2021 <beckiepage@utah.gov>; Mark A. Strong <mstrong@le.utah.gov>; Mike Weichers <mweichers@ch.utah.gov>; Lisa Garner <lgarner@midvale.com>; Matt Dahl <mdahl@midvale.com>; mstevenson@midvale.com <mstevenson@midvale.com>; gkennedy@midvale.com <gkennedy@midvale.com>; rgarcia@midvale.com <rgarcia@midvale.com>; uag@agutah.gov <uag@agutah.gov>; California Attorney General <privacyoffice@doj.ca.gov>; elder.justice@usdoj.gov <elder.justice@usdoj.gov>; The White House Attn Pres. Biden <engagement@ostp.eop.gov>; Fbinaa Info <info@fbinaa.org>; rthomas@midvale.com <rthomas@midvale.com>; Mittromney Info <info@mittromney.com>; intern_amandasorensen@romney.senate.gov <intern_amandasorensen@romney.senate.gov>; joel_wellum@lee.senate.gov <joel_wellum@lee.senate.gov>; Keith Grover <keithgrover@le.utah.gov>; agranato@slco.org <agranato@slco.org>; Congressman John R. Curtis <john.curtis@mail.house.gov>; Sherrie Martell <smartell@ch.utah.gov>; Paul Brenneman <pbrenneman@ch.utah.gov>; hsundquist@ch.utah.gov <hsundquist@ch.utah.gov>; pmelgar@ch.utah.gov <pmelgar@ch.utah.gov>; National Restaurant Association <survey@restaurant.org>; Fox News SLC 2022 <news@fox13now.com>; Salt Lake City Mayor Erin Mendenhall 2021 <mayor@slcgov.com>; Utah SIAC <siac@utah.gov>; Cameron Roden <croden@utah.gov>; Utah Chiefs of Police Assn 2021 <vshupe@utahchiefs.org>; newsmedia@ldschurch.org <newsmedia@ldschurch.org>; dpscontact@utah.gov <dpscontact@utah.gov>; media@nsc.org <media@nsc.org>; WB Cares <wbcares@wbhq.com>; Chp Ca Webmaster <webmaster@chp.ca.gov>; CHP-PRA <chp-pra@chp.ca.gov>; Salt Lake City (UT) City Council <council.comments@slcgov.com>; Salt Lake County (UT) District Attorney 2022 <districtattorney@slco.org>; slcpdpr@slcgov.com <slcpdpr@slcgov.com>; brionna.aho@atg.wa.gov <brionna.aho@atg.wa.gov>; Penny.Thomas@Commerce.wa.gov <penny.thomas@commerce.wa.gov>; alumnimembership@umn.edu <alumnimembership@umn.edu>; consumer.protection@state.mn.us <consumer.protection@state.mn.us>; robert.aguirre@state.mn.us <robert.aguirre@state.mn.us>; communications@ag.state.mn.us <communications@ag.state.mn.us>; Bloomberg Media 2015 <release@bloomberg.net>; George Pyle <gpyle@sltrib.com>; Deseret News 2022 <dnweb@deseretnews.com>; University of Utah Student Newspaper 2022 <press@chronicle.utah.edu>; dps-victimservices@utah.gov <dps-victimservices@utah.gov>; KSL Broadcasting <news@ksl.com>
Sent: Friday, May 6, 2022, 04:03:27 PM CDT
Subject: Re: January 21, 2022 - Sidewalk Claim (McMillan - 261-012122 - Midvale, Utah)
To: Heidi M. O'Keefe,
Senior Liability Claims Administrator,
In-N-Out Burger (registered trademark) Headquarters,
Irvine, California.
Office phone: 1-949-509-6265.
FAX: 1-949-509-6266
May 6, 2022
Thank you, Heidi, for your helpful May 4 reply letter (below) to me, which provided me with the name of the owner and manager of the public sidewalk in Midvale, Utah---a matter of yards from your In-N-Out Burger location in Midvale---where I had tripped and fell and was injured on the evening of January 21, 2022.
The sidewalk where I fell directly abuts a Starbucks chain coffeehouse (7184 S. Union Park Avenue Suite 122) from the south and is also very close to your Midvale In-N-Out Burger location (7206 South Union Park Avenue in Midvale) that's a matter of feet south of that sidewalk.
As you may be aware, Heidi, I as a gainfully-employed single adult senior citizen gentleman (D.O.B. 4-27-1957, place of birth Lincoln, Nebraska) incurred $12,713.10 of dollars of medical bills in late January and February 2022 resulting from that accident I had on that badly cracked and unsafe sidewalk that was so unlevel or uneven that the portion of the sidewalk where I fell was significantly higher than the portion of the sidewalk directly abutting it.
I obtained that fully-up-to-date factual information on the phone today about the injury-related debt I incurred in late January 2022 and February 2022. Jamie, a first-rate representative for the University of Utah Health Billing Department, provided me with that factual information.
The medical bills I incurred were all to the University of Utah Health system. They resulted from the numerous visits I as a medical patient made to the University of Utah Hospital Emergency Room and the University of Utah Sugarhouse Urgent Care Center, and medical appointments I had with medical doctors on an outpatient basis at the University of Utah Greenwood Health Center in Midvale.
Yesterday I obtained copies of explanations of benefits from the my portal file with the Bright Health Care health insurance company of Minneapolis or Eagan, Minnesota, my primary insurance company for all of January 2022. At 3:53 p.m. today (Friday, May 6), a male staff member for University of Utah Health Billing office, Mauricio, stated to me on the phone that all of the medical-insurance claims for me in January 2022 that were sent by University of Utah Health to Bright Health Care are "still listed as pending", Mauricio said.
I switched to University of Utah Health beginning effective Feb. 1, 2022, and I later switched, effective April 1, 2022, to Medicare as my primary insurance provider, with Mutual of Omaha as my Medicare supplemental-plans insurance provider.
I incurred a significant amount of financial loss to myself from taxi-fare bills I incurred during periods when I was unable to walk comfortably on sidewalks, and from lost-wages that I as a temporarily-disabled restaurant employee incurred from that sidewalk accident on January 21.
I was unable to work at my first-rate chain restaurant workplace in the Sugarhouse section of Salt Lake City, Utah, and was officially classified as temporarily disabled by a private insurance company in New York with which I have a policy through my restaurant employer, for about one total month because of the injuries I sustained in that January 21 accident. I was medically approved to work and scheduled by my employer to work again on Feb. 18, 2022, for the first time since my most recent previous workshift at my restaurant workplace in Salt Lake City (my daytime shift on January 21, 2022).
Heidi, your reply letter (below) states to me in writing that the owner of that public sidewalk in Midvale is a California-based corporation, Fort Union Shopping Center, LLC, of Los Angeles. Do you happen to have an e-mail address or FAX number for that property owner?
Yesterday, upon referral from yourself, I contacted the local manager of that sidewalk, Randy Owen, at his phone number of (801) 884-3535. According to your statement to me,
Mr. Owen stated to me in our brief phone conversation that he believes that possibly "Starbucks" coffeehouses of Seattle, Washington, may be the actual owner of the sidewalk I tripped and fell on.
Mr. Owen also stated to me yesterday that he believed I myself had delayed an excessive amount of time in contacting him with my claim for compensation from Fort Union Shopping Center, LLC. Mr. Owen also stated that he was "on a conference call" and had to get off the phone as soon as possible. He has not called me back or written and sent me a follow-up note by e-mail or a text message to me.
When I last checked, which was earlier this week, I was surprised and very disappointed to observe that no improvements or changes have been made since January 21, 2022, that would have leveled and enhanced the safety level for pedestrians of the sidewalk in question.
Thank you again, Heidi, for your helpful referral to Mr. Owen and the cited property owner for the sidewalk where I tripped and fell at about 8 p.m. on January 21, 2022.
Sincerely and Best Wishes,
John Kevin McMillan, a former part-time employee at two respective Whataburger chain restaurants in Austin, Texas, and an employee in the restaurant industry in Texas and Utah, respectively, on a continuous basis ever since my birthday, April 27, in 2002.
I have been and continue to be current resident of Salt Lake County, Utah, on a continuous basis ever since December 31, 2021.
My solo-occupancy rental-home address ever since February 24, 2022:
6819 South 1300 East, Cottonwood Heights, UT 84121.
Cell phone: (512) 993-7305.
Home phone: (801) 942-2122.
_________
On Wednesday, May 4, 2022, 03:23:08 PM CDT, Heidi O'Keefe <hokeefe@innout.com> wrote:
Good afternoon John,
It was a pleasure speaking with you this morning. As I indicated to you the sidewalk area in question is not owned or maintained by In-N-Out Burger.
Below is the information on the Owner and Property Manager for that area. I have already spoken with Randy at the Property Management office and have provided your contact information to him as well. Please direct all further correspondences for this matter to him.
Owner:
Fort Union Shopping Center, LLC
5670 Wilshire Boulevard, Suite 1250
Los Angeles, California 90036
Property Manager:
Arcadia Management Group, Inc.
PO Box 10
Scottsdale, Arizona 85252
Contact: Randy Owen, (801) 884-3535
Randy will assist you further with your claim.
Sincerely,
Heidi
Heidi M. O'Keefe | Senior Liability Claims Administrator
o 949 509 6265 | f 949 509 6266
4199 Campus Drive, 9th Floor Irvine, CA 92612 in-n-out.com
This e-mail, including any accompanying attachments, may contain confidential information that is private, personal, and/or proprietary, and it is for the sole use of the intended recipient(s). Any unauthorized review, use, distribution or disclosure by others is strictly prohibited. If you have received this document in error, please immediately contact Heidi M. O'Keefe and delete all copies of this message.
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