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MEDIATION - AGE DISCRIMINATION - FEDERAL
COURT PILOT PROGRAM.
40 year old female asserts age discrimination claim
against restaurant where employee/interviewer
directly asked plaintiff her age, wrote down her age
on the application, circled the age several times
and allegedly “screened” the applicant from the
employer - EEOC determined cause for age
discrimination. Defendant denied liability claiming
no intent to discriminate and failure of plaintiff
to establish damages given her 20 year bartender
MEDIATION - COMMERCIAL VEHICLE/UNLOADING.
49 year old trucker sustains multiple injuries while
unloading logs where forklift operator caused load
to strike plaintiff. Substantial worker’s
compensation lien applies - plaintiff has not
returned to work since the accident following
multiple surgeries. Defendant asserts significant
comparative fault upon plaintiff re: improper
loading/unloading procedures while also asserting
plaintiff’s significant pre-existing medical
conditions including a prior disability from heart
MEDIATION - COMMERCIAL PREMISES
LIABILITY/ICE AND SNOW SLIP AND FALL.
51 year old bar patron slips and falls on patch of
ice outside of tavern after dark. Plaintiff sustains
severe ankle fracture resulting in open reduction
with extended therapy and rehabilitation/wheelchair
bound 3 months. Plaintiff ultimately healed fairly
well seeking no treatment for approximately 5 years.
Defense asserts comparative negligence, plaintiff’s
intoxication and lack of notice of condition
relating to plaintiff’s unwitnessed fall.
BINDING - MEDIATION - MVA/LIMITED TORT.
35 year old female plaintiff claims permanent neck
injury where plaintiff was operating a pick-up truck
stopped at a convenient store when defendant backed
into plaintiff’s passenger door causing $1,300 of
damage to plaintiff’s truck with no resulting damage
to defendant’s vehicle. Plaintiff sought no
treatment until emergency room the following day.
Defendant’s deny causation, asserts plaintiff’s
failure to reach the threshold of serious impairment
to bodily function and lack of presenting report and
supporting causation. One of plaintiff’s numerous
treating physicians relates the surgery and
associated medical bills to the accident without
further commentary upon extent of injury, permanency
MEDIATION - COMMERCIAL PREMISES
LIABILITY/HOSPITAL ASSAULT. Plaintiff, a
patient at defendant hospital, was assaulted by an
unknown male assailant carrying a knife blade
causing severe lacerations to plaintiff’s hand.
Approximately 2 months previously, a reported
attempted rape by the same assailant - plaintiff
seeks punitive damages. Defendant denies
MEDIATION - COMMERCIAL TRIP AND FALL -
FEDERAL COURT PILOT PROGRAM. Adult female
plaintiff claims that she tripped over a “black bar”
that ran horizontal underneath a dairy case which
was attached to the floor by small posts that were
placed horizontally every six feet. Plaintiff
asserts theory of product liability that the bar was
an unreasonable risk of harm. Large retailer asserts
lack of notice, denies the bar constituted a
dangerous condition and that the bar was readily
observable. Defendant does not dispute plaintiff’s
serious injuries and resulting surgery.
MEDIATION - MVA. 45 year old male
restrained vehicle passenger sustains transverse hip
and pelvic fracture with hospitalization and
placement of orthosis due to cross-over accident.
Plaintiff asserts permanent pain, arthritis, cold
intolerance - substantial lien applicable. Plaintiff
was trapped in vehicle, defendant disputes extent of
MEDIATION - COMMERCIAL PREMISES/WORK INJURY.
45 year old laborer sustains crush injury to
rib/abdomen by third-party heavy equipment operator
- substantial worker’s compensation lien applicable.
Plaintiff returned to moderate duty work 10 months
post-accident receiving accommodations from
employer. Defendant asserts comparative negligence
and refutes extent of residual injury claim/future
BINDING - MEDIATION - MVA. Adult
female motorist struck on driver’s side door by
defendant proceeding through controlling stop sign.
Minimal property damage to plaintiff’s vehicle in
non-reportable accident with plaintiff driving from
scene. Subjective complaints continued until
Plaintiff underwent cervical fusion surgery 3 ½
years post-accident. Defendants deny causation based
upon modest nature of impact and plaintiff’s
extensive pre-existing medical history including
congenital conditions and extent of degenerative
disc disease throughout C3-6. Parties agreed to
binding mediator’s determination following mediation
session not resulting in settlement.
MEDIATION - NURSING HOME LIABILITY.
90 year old resident with chronic aggressive
physical tendencies sustains various injuries during
course of stay at nursing facility following prior
hip fracture. Plaintiff asserts intentional physical
abuse of plaintiff and negligent failure to follow
care plan. Defendant refutes liability, causation
MEDIATIONS (2) - COMMERCIAL MOTOR VEHICLE.
Two adult male motorists sustain injury when struck
by tractor trailer. Defendant motor carrier denies
causation and extent of injuries asserted given
plaintiff’s respective long-standing chronic medical
ARBITRATION - UIM. Adult female
involved in motor vehicle accident with underinsured
tortfeasor undergoes cervical fusion, right knee
replacement and lumbar lamanectomy. Claimant passed
away 2 years and 8 months post-accident. Estate
maintains accident injuries related to claimant’s
untimely death/substantial worker’s compensation
lien applies. Defendant carrier denies causation as
to death claim.
MEDIATION - COMMERCIAL MOTOR VEHICLE
LIABILITY - FEDERAL COURT PILOT PROGRAM.
Plaintiff maintains tractor trailer entered her lane
of travel while tractor trailer operator asserts
that plaintiff entered his lane. Plaintiff sustained
severe full thickness scalp laceration and multiple
comminuted pelvic fracture with residual claims and
scarring. Defendant refutes liability further
asserting excellent recovery achieved by now 25 year
old female plaintiff who has since married and given
birth through caesarian delivery. Plaintiff
maintains an inability to experience natural child
birth related to accident.
MEDIATION - FAMILY LAW. Divorcing
couple seeking resolution of assets following
contentious five-year divorce with extended
proceedings and appeals to the superior court level
and back. Prior to the mediation, both spouses fired
their respective counsel seeking closure in the best
interest, of their children/families.
ARBITRATION - UIM. 39 year old male
motorist proceeding toward green light collides with
vehicle entering intersection through a controlling
red light - dispute as to whether third party
tortfeasor was stopped at red light before
encroaching intersection. UIM carrier disputes
liability asserting comparative negligence since
plaintiff admits observing encroaching vehicle and
did not brake before accident. Plaintiff has
extensive history of lumbo saeralpondolosis with
facet arthropathy and lumbar vertebral osteophites.
Defendant refutes causation absent any subjective
back complaints until three months post-accident and
where MRI reveals no evidence of trauma. Plaintiff
eventually underwent spinal decompression
lamenectomy and fusion surgery.
MEDIATIONS - BINDING (3) - UM ARBITRATION.
48 year old mother/operator struck head-on by
uninsured motorist who stole the subject vehicle
while intoxicated. Claimant’s vehicle included
teenage rear-seat passengers. Primary injury
asserted by mother/operator pertains to chronic
bilateral swelling of lower extremities including
minor left foot fracture. Daughter/passenger asserts
continuing lower back pain limiting physical
activity. Third occupant asserts minor facial
scarring and residual forehead lump from striking
windshield. UM carrier admits liability contesting
nature of collision as well as mother’s chronic
bilateral swelling resulting from scirosis. Carrier
further disputes nature and extent of passengers
MEDIATION - MVA. Then 16 year old
plaintiff was a guest passenger in a vehicle
proceeding to make a left-hand turn against a red
light. At the same time, approaching co-defendant
operator proceeded through the same red light.
Plaintiff suffered asserted traumatic brain injury,
multiple fractures and lacerations asserting
continuing cognitive impairment. Co-defendants both
cited for violating their respective red signals
while both assert greater liability on the other as
the greater cause of the accident.
MEDIATION - COMMERCIAL PREMISES
LIABILITY/FALL DOWN. 43 year old male
sustained a comminuted displaced left distal fibula
fracture with resulting open reduction and internal
fixation as well as left tibia fracture with
external fixator arising from a slip and fall
incident occurring on a snow-covered automobile
dealership parking lot. Plaintiff asserts liability
based upon artificial condition of ice caused by
disconnected down spout from premises building.
Defendant disputes liability where plaintiff
attempted to traverse the premises on a Sunday
afternoon when the dealership was closed and where
the parking lot had not been plowed following a very
heavy Saturday night snowfall. Moderate lien
applicable with nine months of wage loss asserted.
MEDIATION - MVA - COMMERCIAL VEHICLE
LIABILITY. Commercial vehicle rear-ends
plaintiff’s passenger van in stop-and-go traffic
along the parkway pushing plaintiff’s vehicle into
the preceding automobile resulting in substantial
damage to the rear of plaintiff’s van as well as the
rear of the preceding automobile. Plaintiff did not
demonstrate injury on the scene but progressively
worsened with a later finding of a herniated disc.
Plaintiff first underwent a disc replacement which
failed, followed by a fusion surgery, removal of the
disc and a third surgery to attempt to alleviate
continuing severe pain. Plaintiff, a 32 year old
laborer, has not returned to work for several years
following the accident claiming disability -
substantial worker’s compensation lien applies.
Defendant admits liability disputing nature and
extent of injuries claimed.
ARBITRATION - UIM. Adult female
laborer with limited intellect and education claims
chronic residual soft-tissue injuries arising from
motor vehicle accident with retired state trooper
who pulled out of roadway in front of proceeding
claimant resulting in modest collision. Trooper
claims he never saw claimant and initially did not
believe he had contacted another vehicle. Claimant
ultimately experienced cervical fusion surgery -
defendant UIM carrier refutes liability, causation
and extent of injuries asserted.
MEDIATION - MVA - LIABILITY APPORTIONMENT.
Then 17 year old high school student was a passenger
in a vehicle operated by a friend and classmate who
attempted to turn left through a controlling red
light at the same time an approaching vehicle was
witnessed to have accelerated through the same red
traffic signal resulting in an asserted
residual/chronic cognitive brain injury.
Co-defendants, unable to agree upon a proportionate
share of liability, reached a settlement with
plaintiff following extended negotiations further
agreeing to proceed to trial of liability
apportionment only. (Trial resulted in finding of
80%/20% liability share among defendants.)
ARBITRATION - MVA. Adult male
asserts permanent injury arising out of motor
vehicle accident where third party operator pulled
out from controlling red light into path of claimant
resulting in a “sideswipe” type of collision.
Plaintiff walking about the scene post-accident,
shaking hands with witnesses later claims
significant back injury four months later thereafter
undergoing fusion surgery. UIM carrier refutes
causation as well as credibility of plaintiff’s
testimony/history further refuting causation, extent
and nature of injuries asserted.
MEDIATION - MVA - BINDING ARBITRATION.
Agreement among counsel to submit third party claim
to sole binding arbitration. 54 year old adult male
operator rear-ended by pick-up truck whose operator
was high on methadone, fled the scene and later
apprehended pleading guilty to multiple criminal
violations. Defendant refutes causation based upon
plaintiff’s history of back complaints, treatment
and degenerative conditions found post-accident via
MRI testing. Both sides agree claim involves
aggravation of pre-existing symptomatic condition -
no wage loss nor out-of-pocket expenses presented.
MEDIATION - PRODUCTS LIABILITY/NEGLIGENCE.
Adult female laborer sustains very serious permanent
and disfiguring injuries to her right arm and hand
as a result of being pulled into a bottle scrambling
machine. Seven years post-accident, plaintiff
underwent surgery to attempt to bring movement and
feeling into her fingers without success.
Substantial worker’s compensation lien negotiated
prior to mediation with substantial unpaid medical
bills and asserted future work loss. Defendants
include machine manufacturer, floor tile
manufacturer and designer - defendants receptively
deny liability and assert comparative negligence
MEDIATION - UIM CLAIM. 48 year old
male motorist T-boned by third party vehicle
striking claimant’s driver’s side door resulting in
$9,000 in property damages. $15,000 third-party
limits tendered. Claimant sustained acute rotator
cuff tear with asserted permanent loss of range of
motion and surgical scarring, traumatic umbilical
hernia with injuries to right hand, arm and shoulder
- claimant underwent three surgical operations and
asserts substantial wage loss. Defendant insurance
carrier refutes nature and extent of injuries
claimed given claimant’s substantial medical history
including 25 surgical procedures to claimant’s right
hand and post-accident non-related disabling knee
MEDIATION - COMMERCIAL MOTOR VEHICLE
LIABILITY. 69 year old female motorist
along turnpike struck multiple times by tractor
trailer which thereafter “rolled” post-impact.
Plaintiff sustained shoulder injury resulting in
multiple surgical repair - plaintiff asserts
permanent injury with restricted range of motion,
loss of strength and grip. Defendant trucking
company acknowledges liability but refutes extent of
residual injuries asserted.
MEDIATION - MEDICAL MALPRACTICE/RETAINED
GUIDE WIRE. 45 year old male heart patient
underwent radio frequency ablation where the
physician unexplainably allowed a guide wire to
remain in the patient. Subsequently, Plaintiff
experienced atrial fibrillation with rapid
ventricular response ultimately resulting in
congestive heart failure with an ejection fraction
of only twenty percent. Follow-up physicians failed
to recognize and report the presence of the retained
guide wire which was ultimately discovered five
months later. Plaintiff asserts permanent damages
arising out of delay in care and treatment in
addition to $275,000 of unnecessary medical
expenditures, a subsequent stroke, permanent scar
tissue within the right atrium with a risk of
potential relapse/reoccurrence of condition and past
and future wage loss. Defense acknowledges liability
but refutes causation of damages related to the
guide wire contending that plaintiff’s physical
ailments and conditions would have occurred despite
the guide wire’s five month presence.
MEDIATIONS (2) - MVA -
Plaintiff/decedent was operating a motor vehicle in
which 69 year old co-plaintiff was a passenger.
Plaintiff/operator stopped his vehicle on the
roadway in order to check a flickering light when
defendant struck plaintiff’s vehicle injuring both
plaintiffs. Plaintiff was cited for stopping his
vehicle in the middle of a merge lane for
non-emergency use and found guilty at the
magistrate’s hearing. Plaintiff asserts damages
arising out of rib fractures, cervical
strain/sprain, head injury, left rotator cuff tear
and impaired future earning capacity.
Plaintiff/decedent passed away approximately 3
months post-accident. Defendant refutes decedent’s
death as being related to the injuries sustained in
the accident in light of plaintiff’s extensive
cardiac history including coronary artery and
vascular disease, asthma, Crones disease and prior
heart attack. Decedent presents no expert report
relating death to accident. Defendant further
refutes 69 year old decedent’s claim that he would
have worked until the age of 83.
MEDIATION - MVA. 71 year old female
motorist rear-ended in DUI accident where plaintiff
sought no emergency room consult until the following
day. Plaintiff eventually underwent full hip
replacement - no applicable lien. Defendant concedes
liability but refutes causation based upon
long-standing degenerative hip condition. Defense
further refutes aggravation of pre-existing
MEDIATIONS (3) - CORPORATE
LIABILITY/EMPLOYEE SEXUAL ASSAULT. Illegal
alien currently in jail pending deportation accused
of multiple sexual assaults/rape of two adult
mentally impaired females patronizing defendant’s
convenience store. Third claim involves videotaped
footage of individual defendant inappropriately
contacting/molesting then 8 year old female on store
premises. Corporate liability asserted based upon
failure to train, monitor and supervise defendant.
Continuing psychological damages asserted. Defendant
corporation refutes liability/coverage issue pending
via declaratory judgment action.
MEDIATION - UIM - MVA. 47 year old
female motorist struck on left, rear driver’s side
by a drunk driver crossing over the median on I-79.
Defendant refutes residual knee injury, past partial
knee replacement and pending total knee replacement
as non-related to the incident in light of
plaintiff’s very extensive knee history including
complaints to chiropractor 4 days pre-accident with
swollen knee pain “8 out of 10". Defendant denies
aggravation of knee condition as well.
MEDIATIONS (2) - COMMERCIAL MVA -
Female plaintiff operating passenger’s vehicle
struck from behind by defendant’s panel/box truck.
Plaintiffs were towing a boat and trailer and
defendant’s vehicle never physically struck
plaintiff’s vehicle. Passenger’s claim limited by
tort application to soft-tissue injuries.
Plaintiff/operator claims permanent future wage loss
arising out of disabling lower back condition
following lumbar laminectomy. Defendant refutes
causation further asserting successful surgery
permitting plaintiff to return to work.
MEDIATION - LEGAL MALPRACTICE.
Defendant attorney previously represented plaintiff
in third party action against company allegedly
causing plaintiff’s contraction of legionnaires
disease where summary judgment had been granted
absent opposition by prior counsel, failure to
appeal, failure to seek reconsideration or provide
notice of dismissal of claim to client. Malpractice
liability conceded - parties dispute value of
underlying third-party claim.
MEDIATION - MVA - FEDERAL COURT PILOT PROGRAM. One
vehicle accident involving injuries to right-front
seat passenger, a 48 year old Colorado resident.
Plaintiff sustained severe wrist injury resulting in
surgery and continued residual disability.
Conciliation suspended pending further evaluation of
newly received medical documentation and
to-be-scheduled medical exam and functional capacity evaluation.
MEDIATION - COMMERCIAL PREMISES LIABILITY/FALL DOWN.
59 year old female suffers ankle fracture as a
result of daytime trip and fall in pothole of retail
store’s parking lot. Two years post-accident,
plaintiff complains of knee pain ultimately
resulting in surgery for torn medial meniscus
repair. Defendant asserts significant comparative
negligence on plaintiff, disputes causation as to
second surgery denying traumatic knee injury versus
degenerative condition while further disputing
overall residual ankle injury claim.
MEDIATION - MVA. Left-turning defendant hits third
vehicle which strikes plaintiff resulting in orbital
fractures as well as fracture to the plaintiff’s
nose. Liability admitted.
MEDIATION - COMMERCIAL PREMISES LIABILITY/ICE AND
SNOW. Plaintiff suffers injuries from fall-down in
parking lot following large snow storm where melting
snow created “black ice” condition on premises.
Co-defendant, landowner and snow removal contractor
dispute respective liability share while also
asserting plaintiff’s comparative negligence and
disputing extent of damages asserted.
MEDIATION - MEDICAL MALPRACTICE. 55 year old motor
vehicle accident victim suffering multiple cervical
fractures undergoes anterior discectomy of the
C4-C5, C5-C6 and C6-C7 as well as a radial
foraminotomy, decompression of the spinal cord,
resection of the posterior osteophytes and
inter-body fusion of C-3 through C-7.
Post-operatively, plaintiff was transferred from the
PACU to the trauma floor where he was later found to
be unresponsive, deemed to have suffered a profound
hypoxic brain injury resulting in brain death. The
following day, plaintiff passed after removal from
life-support with the autopsy reflecting that
plaintiff died secondary to a cardio pulmonary
arrest as a result of severe laryngeal edema caused
by anaphylactic shock. Plaintiff asserts breach of
standard of care arising out of the decision to
transfer the decedent to a nursing floor rather than
to the ICU or step-down unit where he would have
received the benefit of constant monitoring and
continuing pulse oxymetry. Plaintiff asserts failure
to provide a halo traction wrench/devise to enable
loosening/removal of halo for rapid re-intubation
and failure to property establish airway once
decedent was found unresponsive. Plaintiff further
asserts liability based upon subsequent verbal and
written physician concessions regarding causation.
Defendant hospital/physicians deny liability
asserting rare/unforeseeable idiocyncratic response
to medicine resulting in anaphylactic shock.
MEDIATIONS (5) - COMMERCIAL MVA/TRACTOR TRAILER.
Defendant tractor trailer operator fails to brake,
rear-ending 77 year old female motorist’s vehicle
which strikes rear of vehicle in front of it,
thereafter forced into the oncoming lane striking
on-coming motorists head-on. Plaintiff in first
vehicle expires shortly after accident from blunt
force trauma while three passengers in vehicle
number 2 sustain minor/soft-tissue injuries
receiving emergency treatment and release. 40 year
old male motorist in vehicle number 4 sustains
severe comminuted tibial plateau fracture undergoing
surgery subsequently following by surgery to ankle
with permanent residuals asserted - worker’s
compensation lien applicable.
MEDIATION - FEDERAL COURT(PILOT PROGRAM) - FAMILY
MEDICAL LEAVE ACT. Male/employee, diagnosed with
sarcoidosis, was discharged from his employment on
the basis of allegedly misrepresenting his health
asserting violation of 29 U.S.C. 2615(a)(1) in
addition to discrimination/retaliation claim under
§2615(a)(2). Trespass and disability discrimination
in violation of the ADA also asserted. Defendant
disputes all theories of liability asserted.
MEDIATION - PRODUCTS LIABILITY/COMMERCIAL PREMISES
LIABILITY. 43 year old laborer sustains multiple
serious injuries as a result of a commercial garage
door detaching from its tracks and striking
plaintiff on the head, neck and shoulders
-substantial worker’s compensation lien applies.
Co-defendant installation contractor denies
liability while garage door manufacturer asserts
substantial change to garage door following initial
manufacture as well as significant abuse/misuse of
same. Both defendants refute extent of injuries
MEDIATIONS (2) - COMMERCIAL MVA. Plaintiff’s vehicle
suffered a flat tire and was immobilized partly in
the single lane of traffic and partly on the minimal
adjacent berm at approximately 2:00 a.m. along a
rural roadway. While plaintiff and his passenger
were attempting to fix the flat tire, defendant,
operating a company vehicle following an evening
entertaining business clients, struck plaintiff’s
vehicle injuring plaintiff and his
companion/passenger. Defendant was charged with DUI
but was found not guilty following a criminal trial.
Defendant admits liability but refutes the nature
and extent of the injuries asserted. Plaintiff 1
sustained multiple injuries including left fibular
head crush injuries/comminuted fracture of the
proximal fibular head, abdominal wall
laceration/road rash, high grade tear of the
distal/inferior ACL, PTSD, closed head injury,
neurological dysfunction, headaches and continuing
low back pain. Plaintiff/passenger, now 28 years
old, suffered a left wrist fracture, road rash and
head trauma with asserted permanent mild closed
head/brain injury - cognitive claims wholly refuted
MEDIATION - FEDERAL COURT PILOT PROGRAM - CIVIL
RIGHTS. Adult female employee files action against
corporate employer pursuant to 28 U.S.C.A. §1331
claiming disparate treatment as well as an alleged
hostile work environment seeking reinstatement, back
pay from date of termination with pension
adjustments and attorneys fees. Defendant denies
liability based upon asserted appropriate discharge
arising out of multiple acts of employee misconduct
and absence of evidence supporting gender
discrimination. Immediately prior to mediation
session, arbitrator orders reinstatement and back
pay but for six month suspension with issue of
mitigation pending further discovery and arbitration
MEDIATION - COMMERCIAL PROPERTY LIABILITY. 52 year
old night security guard sustains significant
injuries to his ankle, elbow and shoulder as a
result of a slip and fall accident on night shift
flashlight patrol. Plaintiff, a diabetic, ultimately
underwent a lower extremity amputation. Defendant
corporate land owner disputes liability based upon
lack of notice and comparative negligence.
Substantial worker’s compensation lien applies.
MEDIATION - SUBROGATION/INDEMNIFICATION.
Contribution claim asserted by defendant company who
delivered a large hutch to homeowner without
securing the hutch with hardware provided. Plaintiff
sustained very serious lower limb injuries nearly
resulting in amputation given pre-existing medical
condition severely aggravated by top portion of
hutch injuring plaintiff. Underlying third party
action resulted in significant settlement - delivery
company now asserts claim over/against furniture
manufacturer based upon alleged design defect and
failure to warn.
MEDIATION - CONTRACTOR LIABILITY/TRIP AND FALL. 35
year old plaintiff sustains serious ankle fracture
arising from patched concrete crumbling under
plaintiff’s weight while walking along sidewalk.
Contractor had previously repaired nearby sidewalk
and applied “extra concrete” around fire hydrant.
Plaintiff underwent significant surgery with
substantial permanent hardware with asserted
residual limitations, wage loss and un-reimbursed
medical expenses. Defendant denies liability further
asserting comparative negligence and extent of
residual damages claimed.
MEDIATION - FEDERAL COURT PILOT PROGRAM - CIVIL
RIGHTS. Plaintiff asserts being the subject of
racial harassment, ethnic intimidation and being
required to work in a hostile environment resulting
in constructive discharge. Plaintiff asserts
defendant employer tolerated the alleged environment
absent any written policy or training to address the
alleged condition nor did management take any
meaningful or effective action to stop the offending
behavior. Defendant disputes liability denying all
MEDIATION - MEDICAL TRANSPORTATION LIABILITY.
Wheelchair bound adult female plaintiff suffering
from long-standing muscular dystrophy suffers
multiple injuries falling from wheelchair during
transport by ambulance service. Defendant disputes
liability as well as nature and extent of injury
claim. Plaintiff maintains physical injuries
suffered in fall severely aggravated underlying
disease and related physical impairments.
MEDIATION - COMMERCIAL PREMISES
LIABILITY/FAIRGROUNDS. Adult female fairgrounds
patron injured by unexpected run-away horse drawn
carriage suffers right knee injuries including a
depressed lateral tibial plateau comminuted fracture
resulting in an open reduction with internal
fixation and lateral arthrotomy. Plaintiff asserts
continuing residual weakness crepitus with concerns
of developing traumatic arthritis and potential knee
replacement surgery/metal removal - applicable lien.
Defendant horse owner disputes liability absent
reasonable foreseeability of unexpected actions of
subject horse absent any prior vicious propensities
or notice. Defendant further disputes nature and
extent of injury claim.
ARBITRATIONS (3) - UNDERINSURED MOTORIST. Two
teenage sisters and their brother sustain injuries
in a one-vehicle accident where the car left the
roadway and struck a large tree head-on.
Cervical/lumbar strain sustained by youngest sister
as a result of striking ceiling of the vehicle upon
impact. Older sister sustained right knee
injury/mal-alignment of patella from striking the
dash board resulting in residual claims of
unresolving pain while younger brother suffered
right wrist fracture with closed reduction surgery.
Defense disputes nature, extent and severity of
injuries - liability admitted.
MEDIATION - MVA/COMMERCIAL VEHICLE. Two tractor
trailers involved in collision with dispute of facts
- plaintiff maintains defendant “flipped him off”
and ran him off the road. Defendant admits to
obscene gesture but denies liability as well as
nature and extent of disability claim. Substantial
worker’s compensation lien.
MEDIATION - PRE-SCHOOL LIABILITY/NEGLIGENT
SUPERVISION. 9 year old defendant strikes 4 year old
female plaintiff in the eye with a pencil resulting
in severe corneal tear and vision loss. Plaintiff
undergoes corneal transplant with excellent results.
Plaintiff asserts continuing psychological claim
with six years of documented treatment. Plaintiff’s
mother asserts extensive wage loss claiming she quit
her job to care for injured/traumatized daughter due
to extended care required/administering of drops to
4 year old every 3 hours. Minor defendant claims
incapacity while co-defendant institution denies
liability absent evidence of negligence or
non-compliance of any applicable regulations.
MEDIATION - MVA. 46 year old female plaintiff
motorist rear-ended causing plaintiff to strike
guard rails and thereafter cross over opposing lanes
striking concrete barrier. Plaintiff asserts
continuing headaches, abdominal contusions, chronic
acute mid/low back pain with numbness, parastegia in
upper extremities and ridiculopothy. Plaintiff had
been working in a nursing home as an LPN asserting
wage loss with $33,000 of medical specials.
Defendants deny nature, extent and severity of
injuries claimed asserting plaintiff’s medical
treatment non-compliance, symptom magnification and
likely secondary gain noted by plaintiff’s treating
MEDIATION - MVA. Defendant claimed to be angry that
store was closed, strikes plaintiff while backing up
at high speed and thereafter fleeing the scene -
defendant was convicted on related criminal charges.
Adult female plaintiff asserts neck, back and left
arm injuries with asserted disc bulge at C-5, 6 and
115 chiropractic visits and claimed inability to
work. Peer review terminated plaintiff’s medical
benefits - defendant disputes extent and severity of
MEDIATION - MVA(Pre-litigation)/LIMITED TORT. 21
year old male guest passenger injured in one vehicle
accident when subject automobile leaves the roadway
striking a tree resulting in lacerations to
plaintiff’s face, ear, left eye, eyebrow and chin as
well as a y-shaped superior corneal laceration and
scar. Plaintiff asserts persistent eye dryness,
difficulties driving at night, spasms and twitching
and “drooping” eye. Liability admitted. Plaintiff
asserts continuing complaints that it “feels like
something is in his eye” but multiple examinations
reveal no objective evidence of persistent symptom
deemed to be from the resulting scar tissue.
MEDIATION - MVA. 23 year old female motorist
sustains multiple injuries as a result of defendants
pulling out from stop sign in front of plaintiff
resulting in moderate/severe property damage.
General soft-tissue injuries asserted with claimed
aggravation of a 12 year old TMJ condition.
Plaintiff scheduled for TMJ surgery - defendants
deny causation of claimed aggravation of TMJ
MEDIATION - MVA. 59 year old tractor trailer
operator injured in highway collision with another
tractor trailer resulting in a claimed cervical
strain, left bicep strain and traumatic AC joint
arthritis of the right shoulder. Plaintiff further
asserts that he can no longer work as a truck driver
otherwise working light duty post-accident until
laid-off due to lack of work. A substantial Worker’s
Compensation lien applies - defendant maintains that
plaintiff’s injury consists of an aggravation of a
pre-existing degenerative arthritic condition.
Defendant’s IME physician also opined that plaintiff
could return to work as a truck driver.
MEDIATION - MVA. Adult female motorist struck by
defendant’s commercial vehicle. Plaintiff maintains
that she can no longer perform her job duties and
must be retrained and re-educated to enter the work
force - substantial liens apply. Defendant disputes,
extent of injury.
MEDIATION. - MVA/COMMERCIAL VEHICLE. 45 year old
plaintiff struck head-on by left turning tractor
trailer at intersection. Plaintiff sustained
relatively minor injuries considering the severity
of the collision and resulting property damage -
soft-tissue injuries necessitating a change in
employment to lighter duty. Defendant commercial
trucking company asserts comparative negligence and
dispute extent of injuries and damages asserted in
light of plaintiff’s pre-existing complaints,
treatment and prior work-related injuries.
MEDIATION - PRODUCTS LIABILITY. 33 year old operator
of a 1990 vehicle sustains multiple serious
fractures, prolonged hospitalization and
rehabilitation as well as serious post-operative
infection as a result of a one-vehicle accident due
to the failure of an allegedly defective left rear
lateral link within her 1990 passenger vehicle.
Investigating police reports indicate “a rear
suspension part broken at the mounting permitted the
rear wheel to turn . . . causing the unit to swerve
abruptly into a concrete barrier . . . the broken
suspension part caused the cash.” Plaintiff’s expert
opined that the weld on the inboard attachment loop
of the lateral link failed causing a separation of
the link from the mounting stud on the cross member
resulting in a “toe-dash” and articulate “knuckling
over” of the rear wheel entire assembly - and
“incomplete penetration of the weld connection on
the attachment which resulted in the failure of same
resulting in loss of vehicular control”. Defendant
manufacturer denies liability absent evidence of a
defect given age of vehicle.
MEDIATIONS (2) - MVA/COMMERCIAL VEHICLE.
Plaintiff/operator and passenger/friend were stopped
behind a disabled vehicle when defendant tractor
trailer operator failed to stop, significantly
rear-ending plaintiffs. Operator sustained neck and
back injuries asserting significant past and future
wage loss. Defendant denies extent and nature of
injuries asserted. Plaintiff/passenger asserts
significant shoulder and knee injuries. Defendant
denies causation based upon significant pre-existing
medical conditions including complete rotator cuff
MEDIATION - COMMERCIAL PREMISES LIABILITY/FALL DOWN.
Adult female sustains very serious elbow injuries
resulting in six surgeries including complete elbow
replacement as a result of stepping into a large
pothole next to a storm drain/gate within the
township right-of-way upon commercial property -
landowner, contractor and township defendants.
Liability share disputed among
co-defendants-comparative negligence of plaintiff
asserted as affirmative defense given un-obscured
daylight conditions. Plaintiff asserts nearby
commotion distracted her from looking at her path of
travel - significant medical lien with asserted wage
MEDIATION - COMMERCIAL PREMISES LIABILITY. Adult
male bar patron sustains very serious bicep
laceration resulting in multiple surgeries and
asserted permanent residual damages as a result of
being pushed through a plate glass window by two
combative female patrons, one of whom was
plaintiff’s cousin whom plaintiff had assisted out
of the bar following an initial altercation.
Liability asserted as to tavern based upon failure
to control combatants as well as
allowing/negligently permitting assailants to renew
the altercation. Liability disputed - extent of
damages refuted based upon plaintiff’s pre-accident
disability and non-employment.
MEDIATIONS (2) MVA - Adult male driver briefly
survives head-on collision with defendants/husband
and wife, both of whom were killed in the accident.
Wrongful death/survival action asserted - defendant
refutes economic loss. Surviving wife asserts
emotional claim/negligent infliction of emotional
distress based upon entrapment in vehicle with dying
husband - plaintiff and decedent had been married
for 28 years with two adult children.
MEDIATION - MVA/COMMERCIAL PROPERTY DAMAGE.
Defendant trucker slams his rig into the side of a
four-lane highway tunnel killing himself and causing
substantial damage to commercial property within and
about the tunnel. Defendant trucking company asserts
evidence of suicide/intentional action of deceased
truck driver absent evidence of any “braking”, heart
attack or stroke in light of evidence of driver
input swerving to avoid lesser objects prior to the
MEDIATION - MVA/CONSTRUCTION SITE. Small dump-truck
driver struck by much larger high-lift vehicle
resulting in claimed neck, shoulder and wrist
injuries with plaintiff undergoing two separate
shoulder surgeries receiving Worker’s Compensation
for approximately three years - welfare and W/C lien
applicable. Defendant asserts that he was not “in
gear” at the time of the collision and otherwise was
merely “drifting” immediately prior to contact
denying causation and claimed permanency.
MEDIATION - COMMERCIAL PREMISES LIABILITY/MINOR
CHILD. Parents of a then-20 month old toddler were
patronizing a building supply store. The child, who
had previously been carried by his mother, was left
briefly unattended when he pulled an unanchored
vanity/vanity top on his foot resulting in a severe
crush/compartment syndrome injury. The toddler
underwent multiple surgeries and is now five years
of age. Defendants joined parents as additional
defendants asserting negligent supervision while
denying extent of claimed residual injuries.
Plaintiff’s maintained that the vanity should have
been anchored and/or the store should have provided
MEDIATION - MVA. 59 year old motorist rear-ended by
defendant who claims he had initially stopped behind
plaintiff, took his foot off the brake and drifted
into plaintiff’s vehicle. Physical evidence reveals
no damage/no physical scratch to either vehicle’s
bumper, however, plaintiff claims permanent neck and
back injuries resulting in fusion surgery and
claimed total disability. Commercial defendant
denies causation asserting plaintiff’s very
significant pre-existing physical ailments and
conditions while presenting extensive surveillance
of plaintiff, for example, standing on a ladder
washing the exterior windows of her home.
MEDIATION - SLIP AND FALL. Adult female employee of
building tenant slipped and fell on ice-covered
alley adjacent to place of employment sustaining
severe ankle and knee injuries requiring multiple
surgeries and asserted permanent residual
limitations and disabilities/wage loss. Plaintiff’s
theory of liability against building owner supported
by building manager’s written policy to limit egress
after hours by funneling tenant’s employees to back
alley on to premises not maintained by owner on
weekends. Defendant disputed liability as well as
MEDIATION - MVA. Tractor trailer operator stopped
behind stopped garbage truck rear-ended by
defendant’s mini-van claims permanent physical,
cognitive and emotional disabilities. Defendant
denies causation based upon nature of modest impact
as well as plaintiff’s extensive pre-existing
physical aliments, conditions and long-standing
MEDIATION - MEDICAL PRODUCT LIABILITY/ARTIFICIAL
KNEE IMPLANT. Plaintiff underwent left uni-compartmental
knee replacement surgery to treat degenerative
arthritis and other conditions - the medial/lateral
portion of the patient’s knee joint was replaced.
Defendant maintains no evidence of product defect,
denies any breach of warranty while asserting that
the loosening, mal-positioning or displacement of
the product components were known/inherent risks of
surgery involving the knee package insert. Defendant
further asserts spoilation of evidence following the
hospital’s discarding of the ex-planted product
MEDIATION - MVA. Defendant, a high school friend of
plaintiff, ran over plaintiff’s foot while exiting
the vehicle resulting in chronic injuries.
Plaintiff, a stand-out high school swimmer was
unable to participate in Division III collegiate
competition, continuing to experience chronic pain
and discomfort post-college. Defendant admits
liability and disputes extent of damages asserted.
MEDIATION - NEGLIGENT SUPERVISION/DAYCARE. 5 year
old suffers permanent eye injuries as a result of
being struck by a toy thrown by a daycare classmate.
Claim, based upon asserted chronic violations of
rules/standards governing daycare supervision.
Damages not disputed liability denied based upon
lack of negligent/causation.
MEDIATION - MEDICAL MALPRACTICE. Surgery to correct
scoliosis and related congenital issues results in
death of a very beautiful, gifted and well-liked
young woman, the only daughter of surviving parents
and two brothers. Liability asserted as to
anesthesiologist, surgeon and hospital. Defendants
dispute liability. (Pre- litigation mediation.)
MEDIATION - MVA/COMMERCIAL VEHICLE. 57 year old
African-American woman struck/side-swiped by turning
tractor trailer suffers asserts permanent neck
injuries with subsequent fusion surgery with
insertion of metal plate. Substantial five year
worker’s compensation lien. Defendants dispute
liability, assert plaintiff’s comparative negligence
and dispute plaintiff’s asserted total disability
despite worker’s compensation determination.
MEDIATION - BAD FAITH. 56 year old female motorist
struck by defendant who was attempting to unlawfully
pass a school bus. Individual defendant forwarded
all notices of attorney contact and suit papers to
insurer who failed to respond beyond initial
acknowledgment of liability. Default judgment
entered for failure to respond to notices - petition
to open judgment pending. Property damage claim
unresolved due to claimant/insurer’s failure to
address plaintiff’s vehicle storage with third-party
asserting $17,000 in charges despite $2,000 value of
vehicle. UIM carrier also participated in mediation
of bad faith claims asserted against third-party
MEDIATION - COMMERCIAL LIABILITY/FALL DOWN. 67 year
old male suffers multiple fractures as a result of
trip and fall injury occurring at hotel premises.
Defendant disputes liability and extent of damages
while asserted comparative negligence of claimant.
MEDIATION - COMMERCIAL PREMISES/SLIP AND FALL. Adult
male plaintiff slips and falls on asserted
accumulation of ice sustaining multiple
injuries/worker’s compensation lien applicable.
Defendant disputes liability and extent of damages.
MEDIATION - MVA. Adult male plaintiff claims
permanent residual disc injuries resulting in
surgery due to rear-end collision with defendant.
Liability admitted - nature and extent of injuries
claimed disputed in light of plaintiff’s return to
MEDIATION - MVA/UIM. 54 year old male plaintiff was
a passenger in a vehicle which was struck in the
side by a second vehicle that had been rear-ended by
a third vehicle. Plaintiff sustained a non-displaced
left hip fracture. Liability not disputed/extent of
damages asserted in dispute.
MEDIATION (2) - COMMERCIAL PREMISES LIABILITY. 4
year old falls from second-story balcony at Chinese
restaurant through open/non-protective decorative
railing. Landlord and restaurant dispute respective
responsibilities/duties joining attending
grandmother of as additional defendant. Child landed
on his face fracturing orbital area with asserted
permanent visual impairment. Father asserts zone of
danger/mental aguish claim.
MEDIATION - MVA. Defendant motorist, while
attempting to pass a coal truck on the right lane at
or about the point where the two lanes of travel
came to an end, slightly collides with the rear of
the coal truck, losses control and proceeds to
cross-over highway striking 52 year old female
motorist head-on. Passing motorist found guilty of
criminal violations claims coal truck driver
“sped-up” while attempting to pass causing the
accident. Plaintiff proceeding against coal truck on
1% theory of liability for coal truck operator’s
failure to observe and/or otherwise yield to passing
motorists. Coal truck denies any liability to
plaintiff placing 100% of the negligence on passing
motorist who is claimed to have been passing on the
berm. Plaintiff sustained very serious injuries with
multiple surgeries and future additional surgeries
required to crushed ankle. Knee replacements
experienced by plaintiff is disputed as accelerated
by accident at best due to chronic conditions.
MEDIATIONS (2) - COMMERCIAL PREMISES/HOMEOWNER’S
LIABILITY-BAR FIGHT. Plaintiff was brutally beaten
about the face by multiple individual defendants
patronizing defendant’s tavern during a St.
Patrick’s Day event. Plaintiff’s brother was also
physically assaulted but sustained only minor
injuries. Assailants were criminally charged and
obtained defenses through homeowner’s carrier with
reservation of rights. Tavern had no Dram Shop
coverage and was defended under similar general
liability reservation of rights. Damages sustained
generally not disputed among the parties -
respective defendants liability share disputed.
MEDIATION - MEDICAL MALPRACTICE/DELAY IN DIAGNOSES.
70 year old female patient asserts breach of
standard of care as against hospital and diagnostic
technicians for failing to fully read and thereafter
accurately report results of diagnostic tests
resulting in significant increase in risk of breast
cancer. Co-defendants deny liability asserting
appropriate care while separably vying for joint
tortfeasor settlements with plaintiff.
MEDIATION - MEDICAL MALPRACTICE/LACK OF INFORMED
CONSENT. 40 year old male suffering from chronic
ulcerative to colitis consents to total colectomy,
however, surgeon chooses to proceed with sub-total
colectomy saving the rectum and two inches of the
colon. Plaintiff asserts theory of lack of informed
consent as well as negligent after-care given the
surgeon’s immediate post-surgical departure from the
hospital. Defendant surgeon and hospital deny
liability further asserting unchanged outcome not
withstanding the sub-total colectomy performed.
MEDIATION - MEDICAL MALPRACTICE/FAILURE TO DIAGNOSE.
60 year old emergency room patient complaining of
severe neck pain discharged despite worsening
symptoms with delay of patients return to hospital
resulting in quadriplegia. Defendant hospital denies
liability based upon appropriate and timely care
asserting patient’s 48-hour failure to return
despite significant increase in symptoms.
MEDIATION - MEDICAL MALPRACTICE. Then-14 year old
wrestler sustains ACL tear undergoing surgery which
results in arrested growth plate. Following three
subsequent surgeries, now-23 year old plaintiff
faces two additional surgeries. Substantial lien
involved with significant psychological claim
asserted. Defendant denies breach of standard of
care and disputes claim of lack of informed consent.
MEDIATION - MEDICAL MALPRACTICE. 50 year old
plaintiff asserts failure to timely diagnose and/or
treat acute retinal necrosis syndrom resulting in
complete left eye vision loss - 20/30 in right eye.
Defendant denies liability asserting
proper/appropriate care and that aggressive
treatment would not have altered the outcome under
the circumstance given the nature of the disease.
MEDIATION - MVA. 40 year old female passenger struck
broad-side at passenger door by vehicle attempting
to cross traffic sustains tendon tear resulting in
surgery, later casting and therapy with future
surgeries recommended. Plaintiff was a full-time
worker and part-time student in physical therapy
with physical residuals including loss of strength
and range of motion. Defendants admit liability and
dispute causation based upon asserted prior chronic
deterioration of the tendon and prior injury.
MEDIATION - MVA. Plaintiff sustains serious personal
injury as a result of a cross-over head-on accident,
including exacerbation of pre-existing knee
replacements and pre-existing degenerative lumbar
spine changes, bulging disc of lumbar/cervical
spine. Substantial impairment of future earnings
claims. Liability admitted, causation disputed.
MEDIATION - MVA. 26 year-old woman struck head-on
while sitting as a passenger in a parked car
sustains knee and neck injuries with persistent
headaches. Defendant died as a result of the
accident - defendants denying extent of damages
MEDIATIONS (9) - Nine claimants assert damages
arising from criminal actions of defendant stealing
drugs from pharmacy and utilizing same to initiate
physical/sexual assaults. Individual defendant
incarcerated with claimants asserting liability as
MEDIATION/BINDING ARBITRATION - UIM. 38-year old
female pedestrian struck by motorist while
attempting to traverse four lanes of State Route 22
- plaintiff succumbs to multiple injuries sustained
two weeks later. Defendant denies liability based
upon decedent’s comparative fault in failing to
cross at street light or crosswalk at night.
Extent of damages/case value disputed.
MEDIATION - MVA. Adult female claims permanent
soft-tissue injuries arising from a non-reportable
motor vehicle accident where plaintiff walked about
scene post-accident, drove her vehicle home and did
not seek medical attention until later that day.
Defendant disputes causation/extent of injury based
upon subjective nature of complaints with treating
physicians noting symptom magnification.
MEDIATION - COMMERCIAL PREMISES LIABILITY. 50
year-old worker slips and falls on excessive water
tracked into fast-food restaurant resulting in very
severe and permanent shoulder injuries. Defendant
does not dispute nature and extent of injuries
sustained but asserts future employability of
plaintiff while disputing liability and asserting
comparative fault. Substantial worker’s compensation
lien with two future complete shoulder replacements
directed by the treating physicians.
MEDIATION - FEDERAL COURT PILOT PROGRAM. EEOC/Title
VII. Commercial restaurant chain hires 15 year-old
female who is subjected to chronic sexual harassment
by male co-employee. Following investigation,
employee resigns - female claims retaliatory
MEDIATION - COMMERCIAL PREMISES/BAR FIGHT. 28
year-old bar invitee, sustains very serious facial
injuries resulting from an alleged, unprovoked
physical attack by an off-duty police officer
allegedly employed by the defendant tavern.
Plaintiff required multiple surgeries and insertion
of seven metal facial plates - approximately $50,000
in medical bills. Defendant denied liability,
asserted plaintiff’s provocation of incident in
addition to multiple coverage issues pertaining to
MEDIATION - COMMERCIAL PREMISES LIABILITY. 53
year-old female business invitee sustains cervical,
shoulder, back and toe crush injury as a result of a
defective commercial display shelving collapsing
upon plaintiff while shopping upon retail store
premises. Liability admitted - damages disputed in
light of plaintiff’s extensive pre-morbid history
despite multiple surgeries.
MEDIATION - COMMERCIAL PREMISES. Elderly female
plaintiff sustains very serious and permanent
multiple fractures to her wrist and elbow requiring
multiple surgeries. Defendant denies liability based
upon lack of defect or deterioration of sidewalk
where plaintiff tripped over lip of handicap ramp.
MEDIATION - MVA. Automobile cross-over accident with
tractor trailer results in passenger vehicle
fatality and soft-tissue/shoulder injury to truck
driver with psychological residual, including
depression and survivor’s guilt. Liability admitted
- extent of damages claim disputed.
MEDIATION - MVA. Adult/female motorist sustains
personal injuries and wage loss as a result of
defendant rear-ending vehicle stopped behind
plaintiff’s motor vehicle. Defendant admits
liability and disputes damages based upon
plaintiff’s pre-existing back condition including
ARBITRATIONS (2) - UM/UIM CLAIMS. Motorcyclist and
passenger present separate claims arising from motor
vehicle accident involving “phantom” vehicle with
both vehicles attempting to merge into the same lane
of traffic ultimately resulting in a collision
between the motorcyclist and the third vehicle.
Liability denied primarily based upon operator
MEDIATIONS (3) - MVA/UIM - FEDERAL COURT BAD FAITH
CLAIM. Adult male motorist involved in five
unrelated motor vehicle accidents presents two UM
claims asserting post-traumatic stress syndrom/cognitive
defects along with multiple and varied additional
injuries. Bad faith claim filed upon theory of
failure to timely evaluate and negotiate the claims.
Medical causation disputed given claimant’s
pre-morbid history and minimal nature of separate
MEDIATION - MEDICAL MALPRACTICE. Adult female
prescribed birth control pills claims subsequent
stroke related to negligent prescription and/or
negligent monitoring of medication. Physician denies
breach of standard of care/comparative negligence
asserted for failure to timely report symptoms.
MEDIATION - MVA. Adult female claims permanent
neurogenic bladder condition related to injuries
sustained in tractor trailer accident - causation
MEDIATION - FEDERAL COURT PILOT PROGRAM - RACIAL
DISCRIMINATION/RETALIATION. Three company
representatives claim racial discrimination and
racial retaliation on the part of corporate employer
in relation to transfer of employees following
closing of branch office. Liability disputed on all
counts to all claimants.
MEDIATIONS (12) - COMMERCIAL LIABILITY/AMUSEMENT
PARK. Multiple injuries including one fatality
arising from collapse of amusement park facility.
Claims asserted against owner, contractor and
MEDIATION - MVA/COMMERCIAL LIABILITY. Tractor
trailer rear-ends adult female nurse driver causing
plaintiff’s knees to strike the dashboard.
MEDIATION - HOMEOWNER’S LIABILITY. 6-year old
sustains severe scarring upon contact with caustic
liquid left behind by prior owners of household.
Minor/plaintiff was an invitee of new home buyer who
asserted defense of lack of notice or warning of the
personal items left behind following sale of
residence. Prior owners denied liability asserting
lack of ownership of personal items left within sold
MEDIATION - COMMERCIAL LIABILITY. 61-year old truck
driver sustains serious injuries as a result of a
one-vehicle roll-over accident. Liability asserted
against company loading tractor trailer. Substantial
Worker’s Compensation lien - liability disputed
based upon lack of duty and plaintiff’s comparative
MEDIATIONS (4) - MVA. Single-vehicle roll-over
accident results in triple fatality of unrestrained
passengers ejected from vehicle - fourth plaintiff
ejected sustained serious by non-fatal injuries.
Defective manufacturer and design of vehicle
asserted. Liability disputed based upon asserted
driver error, excessive speed and non-use of safety
MEDIATION - MVA/COMMERCIAL TRUCKING LIABILITY.
51-year old male tractor trailer operator sustains
personal injury arising from three-commercial
vehicle accident. Co-defendants admit liability
share but dispute causation and extent of damages
given plaintiff’s extensive pre-existing lower back
complaints and treatment, inaccurate histories
provided to health care providers and intervening
slip and fall injury. Substantial Worker’s
Compensation lien (Michigan law) along with SSD and
Medicaid/Medicare issues affecting negotiations.
MEDIATION - FEDERAL COURT PILOT PROGRAM - FAIR
CREDIT REPORTING ACT/UNFAIR TRADE
PRACTICES/DEFAMATION. Plaintiff seeks damages
arising out of a published false/inaccurate credit
report and subsequent failure to correct credit
report upon notice of proof of inaccurate
information. Defendant denies liability asserting
affirmative defenses including plaintiff’s prior
credit history and assorted statutory defenses
relating to notice and limitation of damages.
MEDIATION - MVA/UIM. Female decedent was involved in
motor vehicle accident where she was stopped behind
a left-turning vehicle and was struck from behind
and pushed into the proceeding vehicle. Plaintiff
sustained multiple and varied injuries which are
asserted by the estate to have ultimately resulted
in plaintiff’s demise. Defendant UIM carrier denies
causation given plaintiff’s extensive pre-existing
MEDIATION - MVA/UIM. 64-year old female passenger
sustains multiple injuries due to negligence of
third-party motorist. Plaintiff claims multiple
herniated discs, residual soft-tissue injuries, torn
meniscus and partial Achilles tendon tear. Defendant
asserts plaintiff’s long-standing medical history,
lack of medical support for later developing claims
and non-support for full disability opinion by
MEDIATION - MEDICAL MALPRACTICE. 51-year old male
plaintiff injured when struck in the leg by a
softball. Despite immediate medical treatment,
plaintiff developed multiple, severe infections
treated with medication which assertedly resulted in
the destruction of plaintiff’s vestibular system.
Defendant asserts that plaintiff’s 10-year,
post-accident functioning is proof that plaintiff’s
on-going visual and balance complaints are “moderate
to light” given plaintiff’s ability to continue
working, driving, walking, etc.
MEDIATION - MVA/COMMERCIAL LIABILITY. Adult male
plaintiff injured in one-vehicle accident when,
following automobile dealership repair of vehicle,
front tire “fell off” causing plaintiff to leave
roadway and enter a ditch. Plaintiff asserts
soft-tissue injury and herniated disc. Defense
admits liability and contest nature and extent of
MEDIATION - FEDERAL COURT PILOT PROGRAM-CONSTRUCTIVE
DISCHARGE-HOSTILE WORK ENVIRONMENT. Female police
officer asserts EEOC claim against fellow male
officers where plaintiff had previously resigned
forwarding a favorable letter regarding her
employment to her superior. Defense asserts
plaintiff’s failure to exhaust internal
administrative remedies and extent of damages
MEDIATION - COMMERCIAL LIABILITY/WATER PIPE
EXPLOSION. Adult male employee of sub-contractor
sustains serious personal injury during excavation
of underground water pipe due to explosion caused by
excess air pressure. Plaintiff’s employer accepted
defendant’s tender of defense. Defense based upon
unforeseability of incident complained of and
non-liability for acts of independent contractor.
MEDIATION - MVA. Adult male plaintiff injured in
two-vehicle accident asserts multiple injuries
including a permanent and disabling residual
vertigo. Causation and extent of damages disputed.
MEDIATION - MVA/UIM. Adult female plaintiff sustains
personal injuries in two-vehicle accident asserting
permanent injuries and disability. Liability
admitted with causation and extent of damages
disputed based upon extensive/significant
pre-existing medical conditions.
MEDIATION - UIM. Two-vehicle accident caused by
defendant failing to stop of slow at stop sign
resulting in death of defendant’s passenger.
Nurse/plaintiff operator of struck vehicle sustains
soft-tissue injuries while asserting long-term
vertigo with substantial past and future wage loss
along with loss of health benefits. Causation and
extent of damage disputed in light of plaintiff’s
failure to exhaust modest first party medical and
wage loss coverages.
MEDIATION - MVA/CLAIM FOR “SURVIVOR’S GUILT”.
22-year old female passenger sustains minor physical
injury with very minor scarring as a result of a
head-on cross-over accident with passenger vehicle.
Wife/passenger of oncoming vehicle sustained fatal
injuries as did her viable fetus. Plaintiff in
emergency room lying next to wife/passenger at time
of pronouncement of death. Plaintiff claims
depression from having provided her driver with
“wrong directions” placing her on roadway at exact
time and place of accident.
MEDIATION - COMMERCIAL LIABILITY/SIDEWALK SLIP AND
FALL ON ICE. Adult female/plaintiff slips and falls
on commercial premise’s sidewalk allegedly as a
result of artificial condition caused by melting
snow leaking from building down spout freezing on
sidewalk. Testimony from multiple witnesses
regarding prior notice of condition on premises.
Plaintiff sustained severe ankle fractures of the
distal tibia and fibula resulting in three separate
surgeries and permanent plate with permanent
scarring. Worker’s compensation lien asserted.
MEDIATION - MEDICAL MALPRACTICE. Hardware left in
patient’s leg following venous catheter procedure
requiring additional surgery. Dispute as to
permanent injury asserted by plaintiff.
MEDIATION - COMMERCIAL LIABILITY. 26-year old
laborer sustains serious eye injury as a result of
being sprayed by liquid cement. Dispute as to extent
of injury and future wage loss asserted.
MEDIATION - COMMERCIAL LIABILITY/FIREWORKS. 59-year
old spectator at daytime fireworks display injured
when multiple-break shell detonates within a few
feet of plaintiff resulting in permanent bi-lateral
hearing loss and additional less severe injuries.
Strict liability asserted along with negligence
based upon video-taped footage demonstrating display
detonation immediately above spectators/gallery.
MEDIATION - COMMERCIAL MVA. Commercial vehicle pulls
from side street into path of 20-year old operator
causing her to leave roadway striking a tree. In
addition to soft-tissue injuries, plaintiff asserts
permanent TMJ injuries. Causation disputed.
MEDIATION - SEXUAL ASSAULT. Athletic coach sexually
assaults unconsicous student following the
furnishing of alcohol - video-tape of event later
obtained by third parties. Plaintiff asserts
vicarious liability as to educational institution
with claims of negligent hiring. Liability and
extent of damages disputed.
MEDIATION - PRODUCTS LIABILITY/CRASH WORTHINESS.
19-year old guest-passenger sustains catastrophic
brain stem injury as a result of a direct side
impact with third-party vehicle. Liability/causation
MEDIATION - PRODUCTS LIABILITY. Adult male plaintiff
sustains serious laceration injury to fingers
resulting in asserted permanent/partial disability
as a result of an allegedly defective spring
mechanism within a commercial motor home. Liability
and extent of damages disputed.
MEDIATION(S) - UIM CLAIMS (3). Three adult residents
of VA hospital sustain very serious in juries with
significant scarring in motor vehicle accident with
third party. UIM claims asserted seeking
distribution of UIM limits - extent of damages
MEDIATION - MEDICAL MALPRACTICE. Male patient
suffers immediate severe side affects from
medication dosage error ultimately resulting in
multiple hospitalizations and tracheotomy procedure.
Plaintiff claims medical history of prior kidney
transplant and open-heart surgery, enhanced medical
error and future risks. Defendant admits dosage
error but disputes causation and extent of damages.
MEDIATION - PRODUCTS LIABILITY. Crash worthiness
claim involving 44-year old married father of one
child who lost control of his vehicle as a result of
“black ice” upon roadway. Decedent struck several
trees and allegedly became trapped in his vehicle
which caught fire due to un-contained motor fluid.
Liability disputed given decedent’s apparent lack of
any physical injuries with death caused by
MEDIATION - HOMEOWNER’S LIABILITY/ATTRACTIVE
NUISANCE. Unattended 17-month old child sustains
serious burns as a result of falling into an open
fire pit left unattended during a neighborhood pig
roast - supervising grandparent named as
co-defendant. Liability disputed.
MEDIATION - NEGLIGENCE/LOGGING ACCIDENT. Adult male
plaintiff suffers a crush injury to his foot while
attempting to assist a logger hoist and load cut
timber onto a truck. Plaintiff was forced to jump
from the vehicle to avoid being struck by a large
log. Plaintiff asserts permanent injuries and wage
loss. Damages and extent of wage loss disputed.
MEDIATION - MVA. Tractor trailer operator merging
into travel lane strikes plaintiff operator emerging
from construction zone. Liability admitted.
Plaintiff initially sustained apparent soft-tissue
injuries, however, ultimately underwent surgery for
a torn meniscus, rotator cuff tear and surgical
fusion resulting in a social security disability
finding along with continuing worker’s compensation
benefits received. Causation disputed.
MEDIATIONS (2) - MVA/LIQUOR LIABILITY. Multiple
claims arising from a single-vehicle accident
following an employer-sponsored Christmas party.
Employee/operator lost control of vehicle, leaving
roadway and striking embankment resulting in
fatality to rear-seat passenger co-employee.
Asserted permanent injuries of additional rear-seat
passenger co-employee. Liability disputed with
worker’s compensation immunity asserted. Dispute of
asserted negligent entrustment and comparative fault
of claimants. Causation also disputed as to
surviving plaintiff based on surveillance footage
and subsequent criminal allegations.
MEDIATION - ERISA - FEDERAL COURT “PILOT” PROGRAM -
DENIAL OF LONG-TERM DISABILITY BENEFITS. Dispute as
to nature of disability and causation of same.
MEDIATION - COMMERCIAL PREMISES LIABILITY/ICE SLIP
AND FALL. 69-year old employed female slips and
falls on claimed “black ice” resulting in separate
elbow surgeries with subsequent right cubital tunnel
decompression with anterior transposition and right
carpal tunnel release. Past and future wage and
fringe benefits loss asserted. Multiple defendants
dispute liability based upon general slippery
conditions, comparative negligence and debate over
responsibility of snow removal upon commercial
MEDIATION - PROFESSIONAL NEGLIGENCE/PHYSICAL
THERAPIST. 41-year old male plaintiff receiving
physical therapy for unrelated injury claim suffered
disabling back injury as a result of the alleged
negligence of the attending physical therapist.
Causation and economic loss disputed.
MEDIATION - COMMERCIAL LIABILITY/MOLD. Homeowner
claim against commercial retailer arising out of
existence of extensive/reoccurring black mold within
and about single family residence allegedly arising
from improper installation of aluminum siding and/or
failure to identify and address existence of
moisture within exterior/interior walls prior to
application. Liability/causation denied as well as
extent of damages asserted.
MEDIATION - DENTAL MALPRACTICE. 50-year old female
plaintiff asserts negligence claim against dentist
following extraction of 17 teeth - separate theories
of liability include breach of care and lack of
informed consent. Liability disputed as well as
extent of damages and claimed no remedy.
MEDIATION - COMMERCIAL PREMISES LIABILITY. 58-year
old male sustains asserted permanent knee and
shoulder injuries arising from slip and fall down a
worn commercial staircase - substantial lien
asserted. Defenses include comparative negligence,
pre-existing conditions and failure to mitigate
MEDIATION - MVA. 58-year old female driver struck
head-on by cross-over commercial delivery vehicle.
Plaintiff sustained bilateral wrist injuries with
fracture - multiple surgeries. Plaintiff also
sustained fractured sternum, multiple rib fractures,
cardiac contusion and fractured patella - extent of
residents damages contested.
MEDIATIONS (11) - COMMERCIAL MVA. Eleven residents
of a veterans hospital were injured when their van
collided with a disabled tractor trailer blocking
roadway. Injuries varied from minor soft tissue
claims to severe/permanent damages. Mediation
involved negotiating distribution of $1,000,000
liability coverage with potential of an additional
$1,000,000 in UIM coverage. (Absent presentation of
a valid sign-down from UIM carrier relating to
$35,000 UIM limits and $1,000,000 liability
MEDIATION - COMMERCIAL PREMISES LIABILITY. 28-year
old truck driver seriously injured when assisting
dock workers unloading high-lift from adjacent
tractor trailer - injuries included bilateral knee
injuries with multiple surgeries. Liability disputed
with assertion of comparative negligence - causation
also disputed as well as extent of damages given
extensive refuting surveillance footage.
MEDIATION - MVA. 38-year old truck driver assert
permanent neck injuries arising from rear-end
collision with commercial vehicle. Liability
admitted with dispute over extent of damages given
extended pre-accident cervical history.
ARBITRATION - UIM. Claimant asserts permanent
soft-tissue injuries arising from motor vehicle
accident. Liability not disputed with defense of
causation/extent of injuries.
ARBITRATIONS (2) - UM/UIM. Claimants asserting
damages claimed arising from motorcycle/vehicle
accident involving alleged phantom vehicle.
MEDIATIONS (5) - PHARMACY LIABILITY. Three minor
children with fluoride prescription from family
doctor receive steroids in error from pharmacy over
a period of approximately four months. Plaintiffs’
claim minor child developed diabetes from steroid
exposure. Liability admitted - causation and extent
of damages disputed.
MEDIATION - MVA/BICYCLIST. 25-year old special-needs
plaintiff bicycling to work struck by vehicle
resulting in fractured tibia plateau with asserted
permanent traumatic brain injury. Liability admitted
- causation/extent of damages disputed.
MEDIATIONS (2) - MVA. Commercial vehicle pulls out
from the stop sign and collides with plaintiff’s
automobile causing airbag to deploy resulting in
operator’s loss of control of vehicle, which crosses
center lane, striking a tree and house. Very serious
hip/pelvic fracture sustained by driver and occupant
with multiple other serious injuries including
resulting complete hip replacement, full shoulder
replacement, grade 4 and grade 2 ulcers,
respectively, with extensive life care plans
applicable to both housebound/immobilized elderly
and obese plaintiffs. Liability/causation admitted -
dispute as to evaluation of damages.
MEDIATION - MEDICAL MALPRACTICE. 50-year old
wife/decedent with extended pre-existing medical
history seen at hospital emergency room for severe
abdominal complaints. Negligence asserted as to
emergency room physicians for failure to adequately
treat/diagnose condition. Liability/causation
MEDIATION - MEDICAL MALPRACTICE. Decedent underwent
a left laparascopic nephrectomy, was discharged and
readmitted with decreased bowel sounds, abdominal
pain and low grade fever reported. Patient
subsequently underwent an exploratory laparotomy
with pathology showing a colon perforation.
Liability disputed by multiple health care
MEDIATION - REAL ESTATE. Homeowners purchased
unimproved property in development claiming existing
detention pond was represented to them not be on
their property when, ultimately, the detention pond
was located on the reality purchased. Damages sought
for restoration to land, removal/moving of
artificial construction and out-of-pocket losses.
MEDIATIONS (2) - MVA. Surviving spouse seeks damages
for property damages as well as emotional injuries
allegedly sustained along with her now-deceased
husband where tractor trailer vehicle got “lost” in
residential section of municipality ultimately
losing its brakes, crashing through plaintiff’s
porch attached to their residence. Damages claimed
include emotional distress, alleged reoccurrence of
cancer and income loss from forced sale of family
premises. Liability claim also based upon alleged
confusing signage and negligent roadway
maintenance/design. Injured trucker also asserted
claim for severe physical injuries sustained.
MEDIATION - MVA. 30-year old claimant sustained
asserted severe and permanent injuries arising out
of motor vehicle accident where plaintiff took
evasive action to avoid right turning vehicle
encroaching plaintiff’s travel lane causing her to
leave the roadway, striking an embankment and
rolling three times. Plaintiff experienced fusion
surgeries with asserted permanent disability and
social security disability determination.
MEDIATION - BREACH OF CONTRACT. Claim by 49% partner
against 51% partner in substantial real estate
development dispute where major partner denies
existence of a partnership agreement between parties
as well as amount of profit.
MEDIATIONS (4) - MVA. Front-seat occupants (4) of
vehicle sustain personal injuries in two-vehicle
accident. Two of the adult occupants sustained
asserted additional injuries as a result of
subsequent motor vehicle accident four months later.
Liability and consortium disputed.
MEDIATIONS (2) - PROPERTY DAMAGE/FIRE LOSS
SUBROGATION. High-end furniture store sustained
damages arising out of small fire caused by
upper-floor welding activities of
contractor/sub-contractor. Asserted losses include
repairs/remedial work, loss of contents and business
interruption. Additional claim by tenant/high-end
carpet company with asserted business interruption.
Carrier for contractors dispute insurance adjustment
of loss while also asserting failure to mitigate
MEDIATION - MEDICAL MALPRACTICE. 89-year old heart
patient suffering from diabetes and multiple other
ailments mistakenly receives insulin ten times the
prescribed dosage ultimately passing away 23 days
later. Liability admitted - causation disputed.
BINDING MEDIATION - MVA. 41-year old male laborer
with no pre-accident symptoms or treatment sustains
soft-tissue injury in rear-end collision with
$361.00 of property damage. Causation disputed,
however, defendant’s examining doctor determined
causation relating the accident to plaintiff’s
cervical dystectomy/fusion surgery. Extent of
MEDIATIONS (2) - MVA. Father and twin 7-year old
daughters struck by vehicle unexplainably leaving
the roadway. Father’s claim settled prior to
mediation. Cognitive deficit claim asserted by both
twins. Causation disputed.
MEDIATION - MVA. 58-year old female school teacher
sustains serious and permanent lower extremity
injuries with permanent residuals. Liability
MEDIATION - INSURANCE BAD FAITH/THEFT/CHURNING.
Insurance agent forges signature of elderly woman as
the custodian of adult disabled daughter’s funds.
Agent also sells numerous and multiple unnecessary
annuities. Liability admitted.
MEDIATION - MEDICAL MALPRACTICE. 71-year old male
plaintiff - also a physician - suffers unexplained
serious and extensive burn injuries during heart
valve surgery. Liability not admitted yet not
MEDIATION - COMMERCIAL CONTRACT. Business plaintiff
files action against former employee on basis of
breach of covenant not to compete and theft of
company intellectual property. Liability and damages
MEDIATION - MVA. Adult male driver of small
commercial vehicle struck by tractor trailer.
Liability accepted at 85% with defense of 15%
comparative fault upon plaintiff/operator. Asserted
permanent cognitive damages disputed.
MEDIATION - MVA. Adult male owner of moving business
sustained soft tissue injuries in cross-over
collision. Liability admitted with damages disputed
as to claimed residual injuries.
BINDING MEDIATION. 18-year old single/female guest
passenger sustains serious disfigurement and
permanent extensive scarring to right elbow in
one-vehicle roll-over accident with multiple
less-severe scarring and soft-tissue injuries.
MEDIATION - “HORSE-PLAY”. Ceramic tile subcontractor
injured while installing tile in prone position.
General contractor “sits” on plaintiff causing
alleged permanent back injury. Causation disputed.
MEDIATION - MVA. Truck driver attempting to exit
disabled vehicle along interstate struck by passing
tractor trailer resulting in very severe, extensive
and permanent injuries. Liability not disputed for
purposes of mediation.
ARBITRATION - UIM. Very obese plaintiff sustains
lower leg fracture with residual nerve damage
allegedly resulting in disabling condition to
plaintiff. Liability admitted.
MEDIATIONS (2) - MVA. 67-year old housewife
rear-ended by commercial vehicle while stopped in
traffic to make a left-hand turn. Impact very severe
with husband/operator sustaining multiple
soft-tissue injuries and wife/passenger sustaining
multiple injuries including meniscus tear, severe
exasperation of pre-existing cervical condition.
MEDIATION - MVA/HOMEOWNER’S LIABILITY. 49-year old
male welder sustains bilateral rotator cuff injuries
when his vehicle encountered a frozen patch of water
on the roadway surface as the result of
construction/excavation activities of landowners
MEDIATION - REAL PROPERTY. Adjoining landowners
within subdivision disputing ownership rights of
MEDIATION - MVA. 25-year old guest passenger ejected
from vehicle as a result of minor collision with
truck backing out into state roadway. Double
fatality - identification of driver disputed.
MEDIATIONS (2) - REAL ESTATE. Separate claims of
property owners disputing the existence of easements
within subdivision, rights to same and claim of
MEDIATIONS (2) - MVA. Recent male retiree and spouse
rear-ended by tour bus while stopped for preceding
accident on interstate. Fatality to husband - wife
sustained severe pelvic fractures, multiple soft
tissue injuries and an extensive wound with extended
MEDIATION - MEDICAL MALPRACTICE. Dental assistant,
while obtaining x-ray of patient’s jaw, drips film
solution in patient’s eye resulting in chemical burn
and residual injury.
MEDIATION - FIRE LOSS/INSURANCE CLAIM.
Husband/insured arsons marital residence and
unsuccessfully attempts suicide - surviving innocent
spouse files fire loss claim. Total loss - coverage
denial based upon intentional act, exclusion and
asserted failure to cooperate.
PUBLIC UTILITY LIABILITY. Claim by 43-year old male
laborer under the employ of general contractor
working for electric company contacts unknown
underground conduit with jackhammer - permanent
injuries and total disability asserted based upon
post-traumatic stress disorder.
MEDIATION - MVA. 33-year old male laborer rear-ended
by commercial vehicle while within the scope of his
employment. Liability admitted - permanent
MEDIATION - MVA. 73-year old female stopped at
intersection rear-ended by tractor trailer.
Liability admitted with soft-tissue injuries
MEDIATION - MVA. Adult female rear-ended by
passenger vehicle while stopped at traffic control
signal. Liability admitted - soft-tissue injuries
asserted with residual ridiculopathy.
MEDIATION - MVA. 64-year old retired electrician who
slowed his vehicle in response to a spray of stones
coming from an adjacent driveway was rear-ended by a
passenger vehicle. Liability contested with
plaintiff asserting soft-tissue injuries and
residual “frozen” shoulder.
MEDIATION - MVA. 61-year old plaintiff collides with
commercial vehicle allegedly “backing up” within
travel lane sustaining very serious crush injury to
ankle in addition to residual knee injury.
Comparative negligence asserted.
MEDIATION - MEDICAL MALPRACTICE. 19-year old female
treated in hospital critical care unit following
motorcycle explosion causing severe burns over 50%
of her body. During course of treatment and
allegedly as the result of the insertion of a sub-clavian
catheter, patient dies from undetected bleed.
MEDIATION - MVA. One-vehicle accident where
plaintiff claims road construction signage was
inadequate and/or misleading. Plaintiff exited
roadway, encountered ice and struck a telephone pole
resulting in herniated disc injury. Liability
disputed - comparative negligence asserted.
MEDIATION - SEXUAL ASSAULT/NEGLIGENT SUPERVISION.
Pre-school student sexually assaulted by a computer
technician who was subsequently convicted and
incarcerated. Claim asserted against company
providing technician and private school based upon
asserted omissions/errors in hiring and supervision.
MEDIATIONS (2) - CONSTRUCTION. Two workers injured
due to water pipe explosion involving significant
Workers’ Compensation liens. Contractor negligence
asserted as to water line’s original installation.
Liability disputed with comparative negligence
MEDIATION - SCHOOL DISTRICT LIABILITY. Final dispute
regarding reasonableness of attorneys fees.
MEDIATION - MVA. Adult male sustains personal
injuries in rear-end collision - causation disputed.
BINDING MEDIATION - CONTRACTOR LIABILITY. Home
buyers filed action against general contractor for
damages arising out of asserted improper
construction and installation of residential
plumbing and drain system.
MEDIATION - MVA. 39-year old motorcyclist sustains
serious multiple injuries as a result of a collision
with a motor vehicle operated by 16-year old pulling
out onto roadway from private drive - limited site
distance. Uncontested damages include mandibular
fractures, bilateral wrist fractures, femur, hip and
pelvis fracture. Liability disputed based upon
comparative negligence - excessive speed asserted in
a 25 mph zone.
MEDIATIONS (3) - MVA. Vehicle one loses control on
black ice on interstate partially blocking fast
lane. Vehicle number two avoids disabled vehicle,
loses control and ultimately comes to a stop
completely off the roadway on the left median. Two
16-year old passengers in vehicle two exit vehicle
and remain on the median. Vehicle number three
observes vehicle one and two and pulls off to the
slow lane berm to provide assistance when vehicle
number four - a loaded tractor trailer - swerves to
avoid vehicle number one, strikes vehicle number
three killing driver while also crossing both lanes
of travel and striking driver and passenger of
vehicle number two. Teenage claimants suffer severe
injuries including multiple fractures, lacerations
and spleen rupture/removal with good recovery.
Defendant was a 30-year old married former Marine
with young daughter. Liability disputed.
MEDIATION - FIRE LOSS. Subrogation claim by carrier
insuring heavy equipment involving total loss fire
damage allegedly as a result of improper crimping of
a hydraulic hose. Liability disputed on the basis
that the crimping technique met manufacturing
specifications - damages were disputed based upon
discrepancy in actual cash and salvage values.
MEDIATION - MVA. Commercial trucker sustains
fractured arm with claimed residual injury following
a one-vehicle accident in construction zone
asserting negligence of contractor regarding care
and maintenance of jersey barriers. Liability
MEDIATION - MEDICAL MALPRACTICE. 5-year old boy
claiming severe emotional and psychological harm
resulting from adult male physician privately and
physically demonstrating how to provide a urine
sample without mother’s knowledge or consent.
MEDIATION - COMMERCIAL PROPERTY DISPUTE. Adjoining
commercial property owner seeking compensation for
discovered water discharge from pipe originating
from adjacent commercial restaurant premises.
Counter-claim asserted claiming damages to pipe
resulting in flooding of restaurant necessitating
cost of repair resulting in lost profits. Liability
of claim/cross-claim disputed.
MEDIATION - MVA. 58-year old woman stopped at red
light in construction area suffers multiple injuries
as a result of a tractor trailer turning right from
the left-hand lane causing low-speed crushing of
plaintiff’s automobile. Eyewitness/traffic cop
directed traffic trailer when to turn at time of
collision. Liability and causation disputed.
MEDIATION - MVA. Plaintiff rear-ended by truck in
limited tort action claiming permanent cognitive
injuries. Causation disputed.
MEDIATIONS (2) - LABOR/EMPLOYMENT. Police chief
files Federal Court action against predecessor and
borough and, in a separate action, the borough’s
mayor claiming hostile work
environment/harassment/lack of due process.
MEDIATION - MEDICAL MALPRACTICE. Prescription given
to elderly female hospital patient results in
fatality due to allergic reaction. Claim based upon
hospital’s notice of allergy to medication where
patient experienced prior allergic reaction to
ARBITRATIONS (2) - UNINSURED MOTORIST CLAIM. Husband
and wife motorists struck at high speed by uninsured
motorist. Husband sustained laceration injury to
right arm. Wife asserts permanent soft tissue
MEDIATION - MEDICAL MALPRACTICE.
MEDIATION - MVA. Plaintiff rear ended by coal truck
in school zone resulting in two shoulder surgeries
and asserted permanent injuries.
MEDIATION - MVA/UNDERINSURED MOTORIST CLAIM. 35-year
old landscape designer/contractor sustains injuries
in rear-end collision by a commercial vehicle/truck
asserting permanent partial disability and loss of
business. Causation disputed.
MEDIATION - MEDICAL MALPRACTICE. Asserted failure to
diagnose Brugada syndrom in 32-year old male with
significant relevant family history. Disputed
liability with defense of decedent’s failure to
present for further consult.
MEDIATION - MEDICAL MALPRACTICE. Improper care
asserted against mid-wife agency, hospital and
physician involving alleged failure to diagnose and
manage twin to twin transfusion syndrom resulting in
death of 29-week old fetus and permanent injuries to
surviving sister twin. Liability and causation
MEDIATION - COMMERCIAL PREMISES LIABILITY. 55-year
old business invitee injured from ten-foot fall
while purchasing lumber when a non-secured railing
became dislodged. Claimant sustained multiple
injuries including fractured hip.
MEDIATION - MEDICAL MALPRACTICE. Estate claims
62-year old decedent was administered medication to
which she was allergic. Liability disputed on the
basis that coroner’s determination of cause of death
was based on speculation, that claimed medication
was never administered nor was decedent actually
allergic to subject medication.
MEDIATION - MVA. Coal truck rear-ends 38-year old
driver resulting in soft-tissue neck and back
injuries with two surgeries to right shoulder -
partial permanent residual claimed. Liability
MEDIATION - MVA. Commercial overnight delivery truck
rear-ends stopped plaintiff causing soft-tissue neck
and back injuries along with shoulder impingement -
two arthroscopic surgeries failed to
alleviate/improve permanent shoulder limitations and
restrictions to 21-year old female school teacher.
MEDIATION - MEDICAL MALPRACTICE. Now adult married
claimant asserts inappropriate
treatment/long-standing sexual relationship with
psychiatrist - liability/causation denied.
MEDIATION - MVA. Roadway worker’s vehicle rear-ended
by tractor trailer resulting in claimed permanent
injuries and disability.
MEDIATION - COMMERCIAL PREMISES LIABILITY. Claimant
sustains permanent injuries and disability as a
result of electric shock injury.
MEDIATION - CUSTODY DISPUTE. Divorcing parties
seeking to modify written custody agreement upon
MEDIATION - MEDICAL MALPRACTICE. Traumatic birth
resulting in permanent physical and cognitive
injuries arising from use of vacuum
extraction/assistance during delivery instead of
proceeding with c-section. Liability disputed.
MEDIATION - MVA - BINDING. Claimant injured when
defendant motorist pulled out from stop sign
striking left rear of vehicle. Shoulder injury
MEDIATIONS (5) - MVA. One-vehicle accident arising
out of alleged roadway construction defects
resulting in fatalities to mother and child with
lesser injury sustained by father/operator and two
other siblings. Liability disputed - comparative
MEDIATION - MVA. Roadway design claim where claimant
missed stop sign and collided head-on with defendant
tractor trailer - liability disputed. Permanent
MEDIATION - PRODUCTS LIABILITY/NEGLIGENCE. Full-time
working 73-year old female sustained injuries
resulting in fusion surgery to lumbar spine arising
from the collapse of a commercial “convention” chair
- substantial worker’s compensation lien with
MEDIATION - MVA. Plaintiff claiming disability
arising from accident when struck by trucker
changing lanes - permanent disability
asserted/comparative negligence defense.
MEDIATION - MVA. 80-year old man on motorized wheel
chair along rural street struck by truck backing up
- claimant died within two hours following crush
MEDIATION - MVA. Motorist hydroplanes from travel
lane striking a tree - “roadway rutting” asserted as
cause of accident. Severe/permanent injuries
sustained to wrist/forearm with scarring and
MEDIATION - MVA/PEDESTRIAN. Decedent entering
roadway between two parked vehicles - not at
intersection or crosswalk - struck by motorist on
MEDIATION - HOMEOWNER’S LIABILITY/DOG BITE. Delivery
man bitten by dog with history of bite one month
prior - residual scarring of lower leg with chronic
MEDIATION - COMMERCIAL PREMISES LIABILITY. Plaintiff
trips and falls over carpet tape during commercial
move at work place fracturing shoulder with
MEDIATION - MVA. Motorist braces for on-coming
rear-end collision with arm outstretched on steering
wheel resulting in shoulder injury requiring
MEDIATION - COMMERCIAL PREMISES LIABILITY. Negligent
supervision claim asserted on behalf of minor
against private school for allegedly “requiring”
minor to traverse snow and ice covered playground on
crutches resulting in fracture of femur, partial
amputation and aggravation/permanent impairment to
pre-existing congenital condition.
MEDIATION - MEDICAL MALPRACTICE. Former Division One
basketball player files claim against former
University and hospital for failure to diagnosis
high blood pressure allegedly resulting in kidney
disease and transplant.
MEDIATION - BAD FAITH. Bad faith claim filed by
insureds arising out of alleged failure by carrier
to promptly and reasonably investigate and evaluate
the insured’s claim where UIM arbitration award
substantially exceeded applicable limits.
MEDIATION - MVA. Claim involving successful fusion
surgery with minimal residual limitations -
MEDIATION - MVA. 10-year old UIM claim with asserted
permanent injuries and bad faith claim. Causation
MEDIATION - MVA. Coal truck rear-ends vehicle at
high speed resulting in alleged permanent neurogenic
bladder condition to female operator.
MEDIATION - COMMERCIAL PREMISES LIABILITY.
Construction worker falls from platform sustaining
shoulder and wrist fracture - substantial worker’s
MEDIATION - MVA. Motorcyclist sustains shoulder
injury requiring surgery arising from non-contact
motor vehicle accident when defendant pulls out from
side street. Comparative negligence asserted with
causation dispute arising from multiple unrelated
accidents before and after subject claim.
MEDIATIONS (3) - FELA. Three railroad claims
involving railroad workers injured when hired
transportation vehicle collides with train -
permanent disabilities claimed by two long-time
workers with third claim involving 18 month
disability and minimal residuals.
MEDIATION - COMMERCIAL PREMISES LIABILITY.
Commercial restaurant fire loss claim within and
above kitchen duct work - multiple claims and cross
claims between general contractor, subcontractors,
cleaning service, manufacturers, installer and fire
MEDIATION - COMMERCIAL PREMISES LIABILITY. Mold
claim by residential home buyer against inspection
company, sellers, realtor and insurance carrier for
denial of claim.
MEDIATIONS (3) - MVA. Three personal injury claims
arising out of motor vehicle accident involving
intoxicated driver, passengers and designated driver
- multiple claims and cross claims.
MEDIATION - MVA. Substantial injury claim ($1
million in medical bills) arising out of non-contact
motor vehicle accident asserted by claimant against
commercial truck entering claimant’s path of travel.
MEDIATION - MVA. Personal injury claim arising from
commercial vehicle entering plaintiff’s lane of
travel in residential neighborhood causing multiple
vehicle roll-over - cervical fusion with scarring
and residual limitations.
MEDIATION - MVA. Female motorcyclist struck by left
turning vehicle - severe wrist fracture resulting in
surgery and 20% residual limitations.
MEDIATION - REAL ESTATE. Dispute involving property
sold without septic approval - realtor advertised
property for sale with approved septic.
MEDIATION - PARTNERSHIP DISPUTE. Family business
partnership dispute involving brother seeking
dissolution against brother opposing dissolution.
MEDIATIONS (3) - MVA. Father, mother and high school
aged daughter traveling in SUV forced off roadway by
tractor trailer switching lanes resulting in
multiple roll over of vehicle and claimed permanent
injuries including cognitive deficits and residual
MEDIATION - COMMERCIAL PREMISES LIABILITY. 79-year
old female resident of personal care facility with
extensive history of falls suffers fracture to left
hip, severe facial scarring and closed-head injury
with seizure activity - disputed liability regarding
issue of standard of care relating to required use
of portable toilet.
MEDIATION - MVA - APPORTIONMENT. Six claimants
seeking division of third-party tortfeasor’s
liability limits arising out of motor vehicle
accident - injuries include cervical fracture,
multiple rib fractures, ankle fractures, scarring,
soft tissue, wage loss and unpaid medical bills.
Claimant family members agree to further mediate
remaining three layers of UIM coverage.
MEDIATION - ARCHITECTURAL PROFESSIONAL MALPRACTICE.
Asserted failure of architect to notify school
district of actual costs of extensive renovation
projects so as to insure reimbursement through state
BINDING MEDIATION/ARBITRATION - HOMEOWNER’S
LIABILITY. 52-year-old woman sustained very serious
injuries arising from dog bite where approximately
one half of claimant’s lower lip and supporting skin
to the center of the chin was traumatically severed
- disputed liability based upon identification of
involved dog and claimant’s asserted comparative
negligence. Parties agree to a binding determination
following exhausted mediation efforts.
MEDIATION - MVA. 47-year-old laborer/claimant
sustained serious multiple cervical fractures
arising from motor vehicle accident with extensive
surgeries and residual restrictions and limitations
- liability admitted.
MEDIATION - MVA. 64-year old woman sustained soft
tissue injuries in rear-end motor vehicle accident
where causation was disputed based upon a gap in
claimant seeking/obtaining medical treatment -
negligence admitted with disputed causation in light
of pre-existing conditions.
MEDIATION - MVA. FELA claim involving 57-year-old
railroad conductor with 3 decades of railroad
service sustains crush injury to lower extremity
resulting from work related motor vehicle accident.
MEDIATION - MVA. Middle-aged trucker/motorcyclist
sustained severe crush injury to lower left leg as a
result of an unsecured 55 gallon water drum falling
from a construction vehicle traveling in oncoming
lane resulting in permanent foot deformity and
MEDIATION - COMMERCIAL PREMISES LIABILITY. Fall down
accident occurring on broken sidewalk occurring at
adult female’s doctor’s offices.
MEDIATION - MEDICAL MALPRACTICE. Claim involving
32-year-old mother ten days following natural child
birth, seen in hospital emergency room with
complaints of headache pain unlike any prior
headache. Deceased discharged with pain medication
and no diagnostic efforts with fatal brain injury
from subarachnoid bleed.
MEDIATION - MVA. 40-year-old male laborer sustains
head injury arising out of a motor vehicle accident
resulting in asserted cognitive deficits with
impairment to earning capacity and lost wages.
MEDIATION - MVA. Accident involving a tractor
trailer and private automobile resulting in serious
injuries to driver with significant impairment to
earning capacity - causation disputed.
MEDIATION - COMMERCIAL PREMISES LIABILITY. Permanent
cognitive deficits claimed by adult married male
physically assaulted in private club by member with
history of membership suspension due to prior acts
of physical violence.
BINDING MEDIATION/ARBITRATION. Fall down accident
involving 80-year-old condominium association
resident slipping on unsecured carpeting in lobby of
high rise resulting in facial/teeth injuries.
Parties agreed to binding arbitration following
MEDIATION - MVA. Adult male laborer sustains
traumatic below-knee amputation while motorcycling
upon roadway under construction when motorcycle
encounters significant roadway/berm elevation
MEDIATION - MEDICAL MALPRACTICE. Claim asserted
against pediatrician for alleged breach of standard
of care resulting in permanent brachial plexis
injury to child.
MEDIATION - PREMISES LIABILITY. Claim involving
landlord’s alleged negligent maintenance of garage
door where detached locking mechanism splits adult
male plaintiff’s nose, lips, front teeth and chin.
MEDIATION - CONSTRUCTION INJURY. Work-related fall
of adult male laborer sustaining multiple fractures
falling through open stairwell.
BINDING MEDIATION/ARBITRATION - MVA. Adult female
sustained significant scarring injuries as the
result of motor vehicle accident with causation
admitted. Parties agreed to binding arbitration
following mediation efforts.
BINDING MEDIATION/ARBITRATION - MVA. 29-year-old
female secretary sustains shoulder injury resulting
in surgery along with multiple soft tissue injuries.
Parties agree to binding arbitration following
MEDIATION - MVA. Male senior citizen claiming ear
injury arising from motor vehicle accident -
MEDIATION - MVA. Adult female sustained a fractured
hip injury resulting in surgery arising from motor
MEDIATION - MEDICAL MALPRACTICE. Claim where student
presents to school infirmary with assertions of
non-treatment resulting in meningitis and residual
cognitive deficits - liability and causation
ARBITRATION - COMMERCIAL PREMISES LIABILITY. Adult
female falls in family-owned grocery store
containing floor with two levels and lack of warning
signs. Parties disputed liability and agreed to sole
MEDIATION - HOMEOWNER’S LIABILITY. Fall down
occurring on residential sidewalk following gas
company construction and repairs resulting in
serious multiple fracture and residual impairment to
MEDIATION - MVA. Male college student suffers fatal
injuries involving roadway construction and tractor
MEDIATION - EMPLOYMENT LIABILITY. EEOC claim
involving assertions of sexual harassment and
retaliatory termination claimed by 19-year secretary
involving superior with prior harassment/hostile
MEDIATION - MVA. UIM claim involving 60-year-old
operator suffering severe stroke as a result of head
injury arising from a motor vehicle accident.
MEDIATION - MVA. Middle-aged motorist suffers
traumatic foot amputation as a result of motor
vehicle accident with significant medical treatment
and wage loss - liability and causation admitted.
MEDIATION - MVA. Adult male motorcyclist sustained
severe fracture to right leg with residual
MEDIATION - MEDICAL MALPRACTICE. Claim asserted
against attending physician in hospital arising out
of hypoxic birth - applicable standard of care
BINDING MEDIATION/ARBITRATION - MVA. 71-year-old
male suffers neck and shoulder injury arising from
motor vehicle accident. Causation disputed. Parties
agree to sole binding high-low arbitration.
MEDIATION - HOMEOWNERS LIABILITY. Fall-down claim
involving adult male water meter reader stepping
into a hole at a private residence. Causation
disputed due to extensive pre-existing medical
MEDIATION - HOMEOWNERS LIABILITY. Eye injury to
young teenage male arising from paint ball
activities. Liability contested arising out of rules
MEDIATION - MVA - APPORTIONMENT. Policy limits
involving five claimants in separate vehicles
involving one fatality. Liability and causation
MEDIATION - MVA. Elderly female driver ejected from
motor vehicle struck by a tractor trailer resulting
in moderate injuries. Causation disputed.
MEDIATION - MVA. Elderly female passenger ejected
from motor vehicle arising from collision with
tractor trailer resulting in serious and permanent
bodily injuries. Liability and causation admitted.
MEDIATION - MVA. Snowmobile accident with automobile
resulting in passenger crush injury to leg/knee.
MEDIATION - MVA. Young female sustains multiple
fractures and soft tissue injury. Causation
MEDIATION - MVA. Middle-aged female sustains
multiple injuries as a result of tractor trailer
rear-ending claimant’s motor vehicle. Causation
MEDIATION - MVA. Young adult woman injured and
subsequently beaten by boyfriend sustaining
herniated disc resulting in multiple surgeries.
MEDIATION - MVA. Soft tissue claim with substantial
medical expenses and lost wages.
MEDIATION - MVA. Motor vehicle accident involving
multiple defendants disputing respective percentages
UIM ARBITRATION - MVA. 47-year old female claiming
mild head injury and aggravation to admitted
MEDIATION - MVA. Middle-aged female claimant asserts
aggravation of arthritis in low-impact soft tissue
MEDIATION - PRODUCTS LIABILITY. Claim involving
alleged chain saw design defect where operator
sustained near-death traumatic throat laceration.
MEDIATION - MVA. Claimed roadway defect causing
motor vehicle accident involving permanent cognitive
injuries to female college student.
UIM ARBITRATION - MVA. Adult female claiming
permanent injuries - limited tort.
MEDIATION - PRODUCTS LIABILITY. Liability asserted
against manufacturer of tree stand where claimant
sustained injuries from alleged malfunction.
MEDIATION - COMMERCIAL PREMISES LIABILITY - elderly
woman slips and falls on ice-covered roadway within
her trailer park - knee replacement.
UIM ARBITRATION - MVA. Liability admitted. Causation
disputed as to nature of soft tissue injuries and
claimed mild traumatic brain injury.
MEDIATION - MVA. Claimed roadway defect resulting in
head on collision between vehicles - traumatic
MEDIATION - MVA. Soft tissue/cervical injuries
resulting from rear end accident.
UIM ARBITRATION - MVA. Permanent soft tissue injures
claimed in limited tort action - causation disputed.
MEDIATION - MVA. Soft tissue injuries claimed from
severe moto vehicle collision.
MEDIATION - MVA. Adult female sustains soft tissue
injuries with impairment to earning capacity arising
from motor vehicle accident with UIM Arbitration
MEDIATION - HOMEOWNER’S LIABILITY. Five-year old
child falls from neighbor’s defective playground
equipment sustaining multiple fractures with good
MEDIATION - MEDICAL MALPRACTICE. Claimed
UIM ARBITRATION - MVA. Causation disputed regarding
soft tissue injury claimed by elderly plaintiff.
MEDIATION - COMMERCIAL PREMISES LIABILITY. Adult
female sustained personal injuries resulting in
surgery arising from a slip and fall occurring on
painted steps at a funeral home.
MEDIATION - COMMERCIAL PREMISES LIABILITY. Young
adult female sustains serious multiple fractures and
residual injuries as a result of a fall from a
second-floor balcony at rental premises when alleged
unstable railing gave way. Liability disputed.
MEDIATION - MVA. Claim involving an elderly male
barber asserting soft tissue injures.
MEDIATION - HOMEOWNERS LIABILITY. Adult male
sustains knee injury resulting in surgery arising
from residential fall down in snow. Causation
disputed absent notice, immediate treatment and
claims that IME aggravated knee injury.
MEDIATION - COMMERCIAL PREMISES LIABILITY. 61-year
old government worker slips and falls on wax floor
in Federal Building.
MEDIATION - MEDICAL MALPRACTICE. Claim involving
61-year old male seen in emergency room with
complaints of severe abdominal pain treated with
pain medication with no diagnostic efforts - fatal
undiagnosed aortic aneurism.
MEDIATION - MVA. Adult male claimant maintains
coup-contra coup concussion injuries and cognitive
defects resulting from motor vehicle accident.
MEDIATION - MVA. Seven foot tall male college
student sustains serious injury in rear end accident
resulting in cervical surgery and residual
MEDIATION - MEDICAL MALPRACTICE. Claim asserted
against orthopedic surgeon arising from multiple
MEDIATION - MVA. Male senior citizen sustains
multiple fractures and serious bodily injuries
arising from severe motor vehicle collision.
MEDIATION - COMMERCIAL PREMISES LIABILITY. Adult
male carpenter falls through floor in construction
site sustaining multiple fractures resulting in
surgery and residual injuries.
MEDIATION - MVA - APPORTIONMENT. Parties seek
division of policy limits in double fatality claim
where vehicle occupants were ejected and parties
dispute identity of operator of motor vehicle.
MEDIATION - COMMERCIAL PREMISES LIABILITY. Adult
male claims disc injury resulting from escalator
which stopped suddenly causing claimant to jerk
forward without falling.
MEDIATION - COMMERCIAL PREMISES LIABILITY. Fall-down
claim involving custodian of commercial building
encountering darkened alley behind commercial
MEDIATION - MEDICAL MALPRACTICE. Claim involving
minor child tricyclist involved in MVA inadvertently
extubated during course of emergency medical
treatment resulting in permanent cognitive injuries.