Philadelphia County Settlement at Mediation: $300,000.00:

This premises liability matter was particularly challenging. The case arose from slip and fall on ice on a parking lot. Plaintiff claimed she fell as a result of negligent clearing of the parking lot, injuring her left elbow which required open reduction and internal fixation surgery. To the extent the fall occurred as she was leaving work, Plaintiff’s employer paid workers compensation benefits and was asserting a lien of approximately $137,000.00. Defendants denied liability and the extent of any ongoing limitations. More specifically, Defendants raised the “hills and ridges doctrine,” and also argued salt had been applied before the snow began to accumulate, as recently as one (1) hour before the fall. Defendants also argued Plaintiff fell during an active snowstorm, raising issues as to whether any “duty” had yet arisen. Complicating the analysis, Plaintiff’s Deposition testimony was exceptionally vague in her description of the conditions and of her fall, so much so that she risked the very real possibility of not being able to successfully prove her claims. Ultimately, all Parties recognized the risks in proceeding to trial, and I was able to broker a fabulous settlement after several days of negotiations. Of particular note, the workers compensation carrier’s involvement in the negotiations proved critical. Recognizing no lien would be repaid should a jury conclude Defendants were not negligent, or that Plaintiff could not prove her case given her Deposition testimony, I was able to convince the carrier to compromise its lien to $50,000.00, virtually unheard of in the practice as many carriers consistently and persistently assert the “absolute” right to reimbursement under Pennsylvania Law. While Plaintiff certainly wanted more, and Defendants wanted to pay less, a very amicable settlement was ultimately secured.