Effective California Mediator
Case Results: Non-Vehicular Personal Injury
SLIP AND FALL at plaintiff’s place of
SLIP AND FALL at plaintiff’s place of business with no workers’ compensation insurance. Plaintiff sued property owner for failure to maintain premises in a reasonable condition. Plaintiff sustained fractures to ankle with complications during recovery.
Plaintiff sustained injuries to her arm, hand,
Plaintiff sustained injuries to her arm, hand, wrist and shoulder, when an unsecured OUTDOOR UMBRELLA fell on her during a sudden wind gust. Since Plaintiff worked as a MASSAGE THERAPIST, she claimed that the injury prevented her from working in her field in the future.
TRIP AND FALL in store on barrier
TRIP AND FALL in store on barrier in aisle. Plaintiff claimed that complications of injury resulted in development of CRPS (CHRONIC REGIONAL PAIN SYNDROME)
Product liability case in which a batch
Product liability case in which a batch of MISLABELED DRUGS was recalled, and plaintiff discovered he had been taking the wrong drug for three months. Plaintiff claims he had a known allergy to the substance that was erroneously provided to him, and that he has suffered from multiple ADVERSE REACTIONS for several years. Suit was brought against the drug manufacturer for the mislabeling error.
SLIP AND FALL on water in a
SLIP AND FALL on water in a basketball court from a leak in the roof. Property owner claimed comparative fault against plaintiff, who removed the caution sign and should have known of the leak. Defendant also claimed that a subsequent re-injury was unrelated to the original incident, and was not defendant’s responsibility.
NEGLIGENCE AND PREMISES LIABILITY claim against an
NEGLIGENCE AND PREMISES LIABILITY claim against an apartment complex and a truck owner when a minor fell off a scooter after coming into contact with a trailer hitch that was protruding into a walkway at the plaintiff’s apartment building. Plaintiff sustained COMPRESSION FRACTURES in his thoracic spine as a result of the fall.
WRONGFUL DEATH action brought by longtime partner
WRONGFUL DEATH action brought by longtime partner of decedent who died after being struck by truck while on her BICYCLE. Dispute centered on issue of whether plaintiff had STANDING TO SUE under California statute limiting standing to legal spouses. Plaintiff claimed that the relationship satisfied requirements for a VALID MARRIAGE under common law of another state, in which the couple had previously resided. Case settled after mediation and evaluation of these claims.
WRONGFUL DEATH matter brought by minor children
WRONGFUL DEATH matter brought by minor children for the death of their father who was run over by a delivery truck while sleeping on the loading dock of a local business. The decedent was homeless and suffering from mental illness and the extent of his relationship with his children was in question during the mediation.
WRONGFUL DEATH of husband and father who
WRONGFUL DEATH of husband and father who was killed in major motor vehicle collision. Case also involved BACK AND SHOULDER injuries to driver of another vehicle. Resolution also included WORKERS’ COMPENSATION death benefits lien and execution of a COMPROMISE AND RELEASE for future benefits by some of the parties.
SLIP AND FALL on water near refrigerated
SLIP AND FALL on water near refrigerated case in grocery store. Plaintiff claimed injuries to her knees and back as a result and contended that any PRE-EXISTING CONDITIONS were aggravated by the fall. A cross complaint was filed against the refrigeration maintenance vendor for contributing to the water leak.
TRIP AND FALL in darkened stairway with
TRIP AND FALL in darkened stairway with no HANDRAIL. Plaintiff fell down flight of stairs while exiting building in which she had attended a work sponsored social function. The stairway was intentionally kept dark for mood enhancement, however there was no handrail, contrary to REQUIRED BUILDING CODES. Plaintiff injured her shoulder and hip and underwent surgery on the shoulder. Case involved discussion of WORKERS’ COMPENSATION benefits and satisfaction of the COMP LIEN as well as a COMPROMISE AND RELEASE (C & R) of the comp case.
TRIP AND FALL IN PARKING LOT resulting
TRIP AND FALL IN PARKING LOT resulting in injuries to wrists, elbows, neck and back. Plaintiff was at work and received WORKERS’ COMPENSATION benefits for injuries with attendant lien to be satisfied.