Philadelphia Settlement at Mediation: $92,500.00:

This was a premises liability action brought against a local mall following a slip and fall on water in a main walkway. The water came from a patron who had spilled his cup approximately 45 minutes prior to Plaintiff’s fall. Liability was in issue somewhat; however, it was not seriously contested during the Mediation. Rather, the major issue remained the nature and extent of Plaintiff’s injuries. More specifically, Plaintiff-retired-alleged in addition to neck and back injuries that she developed incontinence as a result of the fall, an allegation vigorously disputed by the defense. Thus, causation was very much in issue, especially given the absence of such complaints (and sometimes specific denials of such) in various medical records of the Plaintiff following this fall. Plaintiff remained adamant, however, even when reminded that her own medical expert’s opinion on the subject was rather tenuous in terms of causation. Ultimately, Plaintiff recognized the risk in proceeding to trial on this issue, one that if the jury believed she was “over-reaching” could have affected her credibility in other, less contentious, areas of her claim. Thus, a fair, amicable settlement was brokered. As part of the settlement, Plaintiff was given an audience with the regional vice-president in charge of malls on the east coast to discuss possible changes in policy and procedure so that similar incidents are avoided in the future.