PERSONAL INJURY
​​​​​​​​Representatives Cases

• Complex three-way negotiation with car accident victim plaintiff, driver defendant, and defendant's insurance company. Plaintiff made a settlement demand, and the insurance company argued that it timely accepted it, but plaintiff contended the carrier did not accept all of its terms, leading to a potential bad faith claim by the defendant driver.
  

• Plaintiff tripped over a broom at defendant's store claiming serious injuries resulting in back surgery.
  

• A gardener took his young nephew on the premises where he worked when two large dogs broke through their kennel on the premises and attacked the boy causing a number of lacerations on the child's leg. In addition to the lacerations on his leg, the claimed he developed PTSD, and the uncle claimed a Dillon v. Legg NIED cause of action. Defendant argued that the young boy did not have permission to enter the premises.
  

• Plaintiff tripped and fell on a public sidewalk. Plaintiff sued the City and the hotel abutting the sidewalk for an alleged dangerous condition of property. Each defendant pointed to the other defendant as the potentially responsible party. Defendants claimed no dangerous condition and no constructive notice. Plaintiff alleged the need for a total shoulder replacement which was contested by defendants.
  

• Policy limit demand made by Plaintiff.  The insurance company accepted it within the time frame but plaintiff contended the carrier did not accept its terms.  Potential bad faith  case alleged.
  

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• A gardener took his nephew on the premises where he worked when  two large dogs broke through their kennel and attacked a 6 year old boy causing a number of lacerations on the child's leg.  The uncle claimed a Dillon v. Legg cause of action. Defendant argued that the young boy did not have permission to enter the premises.  In addition to the lacerations on the boy's leg, he claimed PTSD.

• ​Successfully settled car accident case involving claims that Plaintiff's injuries led to further injuries days after the accident. Plaintiff claimed she sustained a concussion and neck and back injuries in a rear-end collision, but also claimed that two days after the collision she fainted and broke her foot. Plaintiff claimed the foot fracture was related to the auto accident and sought compensation from the driver.
  

• Dispute arose from two-vehicle accident spawning a dispute over both liability and damages. Each party claimed that the other ran a red light, though the Defendant hit the broadside of the Plaintiff's vehicle. Plaintiffs each made TBI and posttraumatic stress claims, which the Defendant also challenged. Despite strong disagreements, mediation achieved a pre-suit settlement.
  

• Resolved matter involving injuries sustained when a truck was struck by a driver working for a rideshare company. Settlement presented challenges, as the injured party was a young adult with a severe spinal hernation and recommendations for expensive surgery.
  

• Resolved personal injury claims from a slip and fall at a grocery store, involving contested allegations that expensive surgery and a spine stimulator were required due to injuries from the fall.
  

• Successfully mediated claims arising from out-of-state multi-vehicle truck collision case involving residents from several states, severe alleged injuries, and disputes over necessity of future spinal surgeries.
  

• Plaintiff was injured at a market when a chair displayed above a shelf fell and struck her head. Plaintiff claimed mild TBI and cervical injuries.
  
  
• Settled a case in which defendant's car was the second impact in a rear-end accident. The middle car settled with plaintiff prior to this mediation for policy limits of $25,000. Defendant claimed the second impact was minimal and that the middle car which settled for policy limits was the substantial cause of plaintiff's injuries. Plaintiff claimed neck and back injuries and post concussion syndrome.
  

• ​Settled a case in which plaintiff slipped and fell at defendant's market. Defendant admitted liability. Plaintiff had a three-level cervical fusion and claimed hearing loss and a TBI. Defendant disputed the claims of hearing loss and TBI and claimed plaintiff had pre-existing degenerative findings on her cervical MRI and that the surgery was not related to the fall.
  

• Plaintiff was utilizing a product commonly known as a "clay thrower" when it suddenly and without warning malfunctioned causing injury to plaintiff. Defendant claimed product misuse by plaintiff and comparative fault. Plaintiff claimed a design defect and failure to warn.
  

• Plaintiff was looking to buy a car at a Subaru dealer and was getting into the car when the salesperson drove over his foot. Admitted liability. Dispute as to the nature and extend to injuries and whether ankle fusion was necessary.
  

• Disputed liability case with soft tissue injuries to each plaintiff.
  

• Clear liability auto accident but with minor impact. Defendant claimed minor injuries and all were pre-existing with same complaints to doctor 2 weeks before auto accident.
  
  
• Automobile v. bike accident in which the defendant stopped at a red light and then made a right turn. Plaintiff claimed he was on his bike crossing the street when he was struck, and claimed that he sustained a concussion and back injuries.
  
  
• Plaintiff tripped and fell on a city sidewalk where homeowner’s tree roots expanded upon the sidewalk. Plaintiff sued both the homeowner and the city. Plaintiff suffered back and neck injuries.
  
  
• Plaintiff slipped and fell at market and claimed that she had an emergency C-section as a result, as well as orthopedic injuries. Defendant claimed that there was no notice and disputed causation.
  

Mediator • Arbitrator

George M. Rosenberg, Esq.​