John M. Noble, esq.

noblemediation, LLC
A Limited Liability Co
mpany
www.noblemediation.com

 





 


Mediations Update

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September 2007

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 work experience.

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 condition.

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 and causation.

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 liability/negligence.

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 injuries sustained.

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 wage loss.

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 and damages.

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 histories.

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.

August 2007

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 injury claims.

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 upon plaintiff.

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 condition.

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 condition.

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.

  
July 2007
 
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 asserted.

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 by defendant.

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 determination.

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 allegations.

June 2007

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 physicians.

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 injuries claimed.

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 symptoms.

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 tear pre-accident.

May 2007

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 loss.

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 fatal collision.

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.

April 2007

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 carts/strollers.

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 damages asserted.

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 depression.

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 components.

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 carrier.

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 work.

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.
 
March 2007

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 claimed.

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 to pharmacy.

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 termination.

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 alleged attacker.

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.

February 2007

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 fusion surgery.

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 negligence.

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 accidents.

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 disputed.

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 architect.

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 residence.

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 negligence.

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 restraints.
 
January 2007

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 medical history.

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 treating physician.

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 injury alleged.

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 asserted.

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.
 
December 2006

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 disputed.

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 disputed.

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 asphyxiation.

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.

November 2006

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 premises.

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.

October 2006

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 damages.

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 coverage.)

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 disputed.

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 providers.

September 2006

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 damages.

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.

August 2006

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 impairment disputed.

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 admitted.

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 contested.

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 contested.

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. Liability admitted.

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. Liability admitted.

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 lessee contractor.

July 2006

MEDIATION - REAL PROPERTY. Adjoining landowners within subdivision disputing ownership rights of development streets.

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 successorship.

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 hospitalization.

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 disability asserted.

MEDIATION - MVA. 73-year old female stopped at intersection rear-ended by tractor trailer. Liability admitted with soft-tissue injuries asserted.

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. Liability disputed.

June 2006

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. Liability disputed.

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 defense.

MEDIATION - SCHOOL DISTRICT LIABILITY. Final dispute regarding reasonableness of attorneys fees.

MEDIATION - MVA. Adult male sustains personal injuries in rear-end collision - causation disputed.

May 2006

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 disputed.

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. Causation/damages disputed.

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.

April 2006

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 prescription.

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 injuries.

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 disputed.

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 admitted.

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.

March 2006

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 separation.

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 claimed.

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 negligence asserted.

MEDIATION - MVA. Roadway design claim where claimant missed stop sign and collided head-on with defendant tractor trailer - liability disputed. Permanent injuries.

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 liability disputed.

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 injuries.

February 2006

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 residual limitations.

MEDIATION - MVA/PEDESTRIAN. Decedent entering roadway between two parked vehicles - not at intersection or crosswalk - struck by motorist on driver’s side.

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 pain.

MEDIATION - COMMERCIAL PREMISES LIABILITY. Plaintiff trips and falls over carpet tape during commercial move at work place fracturing shoulder with permanent residuals.

MEDIATION - MVA. Motorist braces for on-coming rear-end collision with arm outstretched on steering wheel resulting in shoulder injury requiring surgery.

January 2006

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 - liability admitted.

MEDIATION - MVA. 10-year old UIM claim with asserted permanent injuries and bad faith claim. Causation disputed.

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 compensation lien.

December 2005

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 suppression company.

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 seizure activity.

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.

November 2005

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 subsidies.

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 limitations.

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.

October 2005

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 efforts.

MEDIATION - MVA. Adult male laborer sustains traumatic below-knee amputation while motorcycling upon roadway under construction when motorcycle encounters significant roadway/berm elevation drop-off.

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 efforts.

MEDIATION - MVA. Male senior citizen claiming ear injury arising from motor vehicle accident - causation disputed.

MEDIATION - MVA. Adult female sustained a fractured hip injury resulting in surgery arising from motor vehicle accident.

September 2005

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 disputed.

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 binding arbitration.

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 earning capacity.

MEDIATION - MVA. Male college student suffers fatal injuries involving roadway construction and tractor trailer negligence.

MEDIATION - EMPLOYMENT LIABILITY. EEOC claim involving assertions of sexual harassment and retaliatory termination claimed by 19-year secretary involving superior with prior harassment/hostile environment claims.

August 2005

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 significant scarring.

MEDIATION - MEDICAL MALPRACTICE. Claim asserted against attending physician in hospital arising out of hypoxic birth - applicable standard of care disputed.

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 conditions.

MEDIATION - HOMEOWNERS LIABILITY. Eye injury to young teenage male arising from paint ball activities. Liability contested arising out of rules dispute.

MEDIATION - MVA - APPORTIONMENT. Policy limits involving five claimants in separate vehicles involving one fatality. Liability and causation admitted.

July 2005

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.

June 2005

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 partially disputed.

MEDIATION - MVA. Middle-aged female sustains multiple injuries as a result of tractor trailer rear-ending claimant’s motor vehicle. Causation disputed.

MEDIATION - MVA. Young adult woman injured and subsequently beaten by boyfriend sustaining herniated disc resulting in multiple surgeries. Causation disputed.

MEDIATION - MVA. Soft tissue claim with substantial medical expenses and lost wages.

MEDIATION - MVA. Motor vehicle accident involving multiple defendants disputing respective percentages of liability.

UIM ARBITRATION - MVA. 47-year old female claiming mild head injury and aggravation to admitted pre-existing condition.

MEDIATION - MVA. Middle-aged female claimant asserts aggravation of arthritis in low-impact soft tissue accident.

MEDIATION - PRODUCTS LIABILITY. Claim involving alleged chain saw design defect where operator sustained near-death traumatic throat laceration.

May 2005

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 injuries.

April 2005

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 claim.

MEDIATION - HOMEOWNER’S LIABILITY. Five-year old child falls from neighbor’s defective playground equipment sustaining multiple fractures with good recovery.

MEDIATION - MEDICAL MALPRACTICE. Claimed psychotherapy malpractice.

March 2005

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.

February 2005

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 limitations.

MEDIATION - MEDICAL MALPRACTICE. Claim asserted against orthopedic surgeon arising from multiple shoulder surgeries.

January 2005

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 premises.

MEDIATION - MEDICAL MALPRACTICE. Claim involving minor child tricyclist involved in MVA inadvertently extubated during course of emergency medical treatment resulting in permanent cognitive injuries.

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