Personal Injury

Successfully settled litigated matter on the eve of trial involving elderly person who tripped and fell in a retail establishment. Liability as the cause of the accident was not disputed, however the defense contended Plaintiff's knee and shoulder injuries pre-existed the accident and not causally related. The defense also argued the alleged injuries were not exacerbated by the fall, and that Plaintiff's claims for future damages, including a claimed need for multiple surgeries, was overstated.

A 70-year old plaintiff was driving down a residential street when a delivery driver in a leased vehicle pulled away from the curb abruptly, impacting the plaintiff's car on the passenger side, causing the air bags to deploy. Plaintiff complained of neck and back injuries at the scene, and was transported to the nearest emergency room. He was diagnosed with a rotational neck injury that worsened Plaintiff's already existing cervical spine conditions. During aftercare, Plaintiff was diagnosed with broad based posterior herniation, causing mild narrowing of the central canal and neural foramina, bilaterally, at all cervical levels. Plaintiff's orthopedist recommended neck surgery to alleviate the condition and the resultant pain. Plaintiff agreed to the surgery, but because of underlying heart condition, his surgeon determined it was unlikely he would survive the surgery. At mediation, Plaintiff's life-care plan without the surgery was well into 7-figures. After a full day mediation, the defendant's insurer agreed to pay nearly its entire policy to settle the case.

Plaintiff alleged that moments after entering a retail grocery store, she slipped and fell on a piece of produce on the floor. She further alleged she suffered a severe lower back injury that had exacerbated certain other spinal conditions. She was seeking substantial past and future medical expenses resulting from the injury. The defense denied liability, claiming the condition which Plaintiff contended she slipped on was not on the floor, and that even it was, the condition did not exist for sufficient enough time so as to constitute actual or constructive notice. The defense further alleged that Plaintiff's medical condition was not caused by the alleged fall and not supported by Plaintiff's own medical records. The case settled shortly after a full day mediation.

Successfully resolved a litigated matter on the eve of trial involving an elderly individual who tripped and fell in a retail establishment. While liability for the incident was not disputed, the defense maintained that the Plaintiff’s knee and shoulder injuries predated the fall and were not causally related. The defense further argued that the incident did not exacerbate any pre-existing conditions and that the Plaintiff’s claims for future damages—including the alleged need for multiple surgeries—were significantly overstated.

Plaintiff alleged that shortly after entering a grocery store, she slipped and fell on a piece of produce on the floor, resulting in a serious lower back injury that exacerbated pre-existing spinal conditions. She sought substantial past and future medical expenses related to the injury. The defense denied liability, asserting that the alleged hazardous condition was either not present on the floor or, if it was, had not existed long enough to provide actual or constructive notice. The defense also contended that the Plaintiff’s injuries were not caused by the fall and were not supported by her own medical records. The matter settled shortly after a full-day mediation.

Plaintiff middle-aged woman was walking on a poorly lit public sidewalk when she encountered an uplifted section adjacent to a tree. Apparently a decorative tree placed in the sidewalk some years prior developed roots that as they grew, began to uplift the surrounding concrete. Plaintiff tripped and fell, landing on her knees and fracturing her patella. The municipality where the sidewalk was located had enacted an ordinance several years before the injury occurred which transferred the duty for the care and maintenance of the sidewalks to the adjacent property owners, and created a rule where any injuries to 3rd parties caused by a defect in the sidewalk was also the responsibility of the adjacent owner. Both the municipality and the property owner were sued for premises liability with the main issue being the appropriate allocation of comparative and contributory fault in light of the city's ordinance that shifted responsibility to the property owner. The case was successfully resolved.

Successfully resolved litigated property damage case. Defendant borrowed Plaintiff's new vehicle while on vacation together and subsequently was involved in a year end collision. Defendant's insurer denied coverage for the vehicle damages, however Plaintiff's insurer paid for the repairs. Plaintiff thereafter sued Defendant driver for damages including out-of-pocket expenses and vehicle depreciation.

Successfully mediated litigated matter involving a rear-end collision (truck v. auto) where liability was disputed.