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Sample Cases

Subrogation/Insurance

          

Plaintiff insurer claimed that defendant roofing company negligently installed a defective new roof which caused damages of $123,386.42.  The in pro per defendant denied that the roof was defective.  A settlement was reached for defendant to make payments over time, against a Stipulated Judgment for the full amount claimed by plaintiff. 

Property Damage Claim

           

Improper cutting down of plaintiff’s trees.  Plaintiff alleged that defendant improperly cut down multiple trees on plaintiff’s property despite warnings not to do so.  Plaintiff claimed double and/or treble damages times $80,000.00 basic damages.  Defendant claimed that some of the trees were already dead or had fallen onto his property and/or had portions growing over fences and onto his property. 

Underinsured Motorist Claim

            Claimant received the adverse driver’s policy limits in a two-car collision then sought the available policy limits of his own UM/UIM policy less the amount received from the adverse driver.  Claimant alleged that he was in ongoing pain, had radiculopathy and needed a variety of future care.  Respondent argued that claimant’s ongoing problems were due to age related problems and that his present medical care was not necessitated by the subject accident.  The matter settled on a mediator’s proposal.

Slip and Fall

            Plaintiff, a customer in defendant’s large chain store, slipped and fell on an unknown object and alleged defendant had inadequately maintained its store.  Plaintiff alleged a full thickness tear of her rotator cuff, right knee tendonitis, as well as soft tissue injuries.  Defendant denied notice of the object which plaintiff alleged caused him to fall.  Defendant further argued that plaintiff’s shoulder surgery was unrelated to the subject accident and pointed to prior accidents plaintiff had experienced.  The case settled on a Mediator’s Proposal.


Uninsured Motorist Claim

            UIM claim involving an admitted liability accident.  Claimant alleged his damages were caused by another motorist who was not insured.  Claimant alleged a variety of injuries including TMJ, cervical and thoracic sprains, as well as a sprained shoulder and ankle.  Respondent denied that all of claimant’s injury claims were a result of the subject accident and contested the reasonableness and necessity for some of the treatment. 

School District

            Plaintiff v. confidential School District and certain employees.  Plaintiff alleged that her child was mistreated by employees of confidential School District and has suffered physically and emotionally as a result of the alleged misconduct.  Defendants denied the alleged improper actions of their employees and that the administration failed to properly handle the situation. 


Assault and Battery

            Plaintiff alleged that multiple defendants attacked him in a health club scenario in a dispute over the use of the equipment.  Defendants denied that they had acted improperly and questioned plaintiff’s alleged injuries.  Defendants who were uninsured agreed to a settlement involving payments over time subject to a stipulated judgment in the event of default.

Slip and Fall

            Plaintiff alleged he slipped on debris in a convenience store and that defendant had notice of the debris. Plaintiff alleged a dislocated knee cap and torn meniscus.  Plaintiff had undergone two surgeries.  Defendant denied notice of the alleged dangerous condition and contended that plaintiff’s surgeries were necessitated by his prior leg problems.

Auto v. Auto – Negligent Entrustment Hybrid:

            Plaintiff alleged that an auto dealer had improperly sold a vehicle to a purchaser who was unlicensed and had a very poor driving record.  The defendant driver was subsequently involved in an automobile accident with plaintiff.  Plaintiff alleged a variety of personal injuries and sued both the automobile dealer and the purchaser.  Defendant auto dealer denied that they were required to check co-defendant’s driving record before selling the vehicle and contested the nature and extent of plaintiff’s injuries.  Co-defendant driver was unable to be served with the Complaint.

Auto v. Motorcycle

            Plaintiff alleged that defendant negligently changed lanes into him causing him to be ejected from his motorcycle.  Plaintiff sustained a partially amputated finger and also received spinal injuries requiring multiple surgeries.  Plaintiff alleged approximately $1,900,000.00 in past and future medical expenses.  Defendant did not dispute liability but contested the nature and extent of plaintiff’s injuries. 

Auto v. Auto

            This was a left turn intersection accident with stop signs.  Plaintiff alleged approximately $10,000.00 in medical specials.  Defendant disputed liability and the nature and extent of plaintiff’s alleged injuries.

Employment

            Plaintiff, an employee at a governmental agency, complained that she had been constructively terminated and discriminated against when she was moved to a less important position at the same salary.  Defendant was unhappy with plaintiff’s performance and was unwilling to restore plaintiff to her prior position.  A monetary settlement was reached along with plaintiff permitted to remain in her current position for a specified period of time, and at the expiration to leave the agency.

Employment

            Plaintiff claimed she had been harassed in her small office environment and that she had been underpaid.  A monetary settlement was reached.