Personal Injury

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.