Effective California Mediator

Case Results: Non-Vehicular Personal Injury

GOVERNMENT ENTITY PREMISES case in which Plaintiff

GOVERNMENT ENTITY PREMISES case in which Plaintiff tripped and fell on alleged defect in planter located in public sidewalk, resulting in serious fracture and surgery. Claim against City and property owner/lessee for dangerous condition of public property.

Obtained seven figure settlement for TRAUMATIC BRAIN

Obtained seven figure settlement for TRAUMATIC BRAIN INJURY in SLIP AND FALL case where plaintiff hit his head on concrete during an altercation. Issues involved blood alcohol content, use of excessive force in self-defense, and whether incident took place in COURSE AND SCOPE of defendant’s employment.

Plaintiff claims a SLIP AND FALL on

Plaintiff claims a SLIP AND FALL on unknown fluid while pumping gas at defendant’s service station. Plaintiff broke a hip as a result of the fall and required replacement surgery. Liability was disputed, including both the cause of the fall as well as the reasonableness of defendant’s SAFETY PROTOCOLS.

Plaintiff realtor FELL ON STAIRS while touring

Plaintiff realtor FELL ON STAIRS while touring an unfinished unit in defendants’ real estate development. There was NO LIGHTING in the unit at the time of the tour, and plaintiff was invited to view the home by defendants’ sales agent. Injuries included broken arm requiring surgery.

Incident involving NEIGHBORS’ OFF LEASH DOG that

Incident involving NEIGHBORS’ OFF LEASH DOG that charged plaintiff’s dog while walking in the neighborhood. Plaintiff fell during the altercation and sustained a fractured tibia. Thereafter, she developed shoulder pain from long term use of crutches. Issues discussed included NEGLIGENCE PER SE for violation of County Leash Law.

Mediated case alleging MILD TRAUMATIC BRAIN INJURY

Mediated case alleging MILD TRAUMATIC BRAIN INJURY after plaintiff was involved in altercation with security guard in a nightclub. Issues raised included ASSAULT and EMPLOYMENT/CONTRACTOR STATUS. In addition, COVERAGE questions were addressed.

Personal injury action for TRAUMATIC AMPUTATION of

Personal injury action for TRAUMATIC AMPUTATION of finger by horse bite. Plaintiff alleged that both the horse owner and the ranch were NEGLIGENT and/or STRICTY LIABLE when a horse bit off the end of plaintiff’s finger while under defendants’ care and control. Issues included evaluation of whether owner knew or should have known that horse exhibited dangerous propensities.

Plaintiff hit by DELIVERY CART carrying cases

Plaintiff hit by DELIVERY CART carrying cases of wine for delivery to hotel where plaintiff worked. Plaintiff claimed back injury as a result, and sought recovery for future SPINAL FUSION SURGERIES. WORKERS’ COMP filed separate claim for reimbursement of amounts paid, claiming plaintiff’s employer was not negligent. Issues of comparative fault by all parties was negotiated.

Plaintiff suffered a WORKPLACE ACCIDENT resulting in

Plaintiff suffered a WORKPLACE ACCIDENT resulting in injury to his shoulder. When he filed suit against the allegedly negligent party, the carrier denied coverage and failed to defend the suit. Plaintiff thereafter obtained a judgment against the negligent party, and was assigned the right to pursue the carrier on a BAD FAITH CLAIM. The carrier alleged there was NO COVERAGE and no DUTY TO DEFEND, based on the language of the insurance contract. The plaintiff disagreed and alleged the contract was susceptible to multiple interpretations, thereby creating the possibility of coverage. The case also involved negotiation with the WORKERS’ COMPENSATION carrier which had paid benefits to the plaintiff.

BICYCLE ACCIDENT/BRAIN INJURY Settled bicycle accident case

BICYCLE ACCIDENT/BRAIN INJURY Settled bicycle accident case in which plaintiff suffered head trauma after being knocked off her bicycle by a utility wire. Claims of TRAUMATIC BRAIN INJURY and PERMANENT COGNITIVE IMPAIRMENT were disputed by defendants.

COMMERCIAL PREMISES LIABLITY matter in which Plaintiff

COMMERCIAL PREMISES LIABLITY matter in which Plaintiff sustained a TORN MENISCUS when he SLIPPED AND FELL while delivering materials to a warehouse receiving area. Plaintiff claimed that defendant maintained its premises in a manner that was unsafe to OUTSIDE VENDORS.

BICYCLIST v. PEDESTRIAN case in which pedestrian

BICYCLIST v. PEDESTRIAN case in which pedestrian was knocked to the ground on a multi-use path when cyclist passed on the left. Plaintiff suffered head trauma and was positively diagnosed with mild TBI, no loss of consciousness. After rehab and therapy, plaintiff was able to return to her job as a fitness and pilates instructor.