EXEMPLAR PERSONAL INJURY/WRONGFUL DEATH DISPUTES

                                   Mediated by AMERICORD^®

·         A child playing with a cigarette lighter in the early morning hours ignited the furniture.  The fire spread quickly to the entire house.  The child's father suffered severe burns over most of his body; his wife, the mother of three children, did not survive.  Both the injury and the death claims were mediated simultaneously. Plaintiffs' liability cases were based on allegations that the furniture product was unreasonably dangerous by reason of the manufacturer's failure to apply fire retardant to the upholstery fabric and cushioning material, and failure to warn.  Defense pointed to parents leaving the lighter on the furniture, family's failure to supervise the child, and disabling of smoke detector when it started “chirping” because of low batteries a few days before the fire.  The matter was settled in two days of mediation.

·         Plaintiff, a thirty-two year old single mother, was cleaning industrial machine when it unexpectedly commenced operating, entangling her hair and resulting in a complete scalp avulsion.  She underwent multiple surgical and other repair and cosmetic procedures and claimed substantial damages for psychological injury as well as lost wages.  Theories of the case against the machine manufacturer included design defect, strict liability and negligence.  Defendant denied liability based on information that the previous owner had altered the machine, and on misuse by plaintiff, and argued the absence of evidence pointing to why the machine suddenly turned on.  A two-day mediation ended with a settlement.

·         Plaintiff college student was seriously injured when the car he was driving was crushed by a semi tractor-trailer.  There was no dispute as to liability.  However, the parties had substantial differences of opinion as to the damage value of the case.  Injuries included a broken wrist and collarbone, damage to major arteries and a fractured femur, and plaintiff was left with noticeable collarbone deformity and a steel rod in his leg.  The treating physician rated his permanent disability at between five and fifteen per cent.  Plaintiff missed two semesters of college due to his injuries, but at the time of the mediation had made a remarkable recovery and was on the Dean's List.  The parties decided to mediate after they were unable to make significant negotiating progress on their own.  The case settled two weeks after the mediation for the last amount offered in the session.

·         While driving his employer's van on city streets, 33-year old plaintiff was rear-ended by another vehicle.  Damage to the vehicles was moderate due to defendant's relatively low speed at the time of the collision, and plaintiff's injuries were at first thought not to be serious.  Plaintiff's conditioned deteriorated markedly in the weeks following the accident, eventually resulting in total disability due to spinal damage.  In addition, he asserted that he had suffered severe depression, entertained suicidal thoughts and was on heavy doses of antidepressants.  A fusion surgery of plaintiff’s spine failed, and additional surgery was required, although not yet scheduled at the time of the mediation, due to refusal of the worker’s compensation carrier to approve it.  The dispute over causation and necessary treatment had created a gap of over one million dollars at the beginning of the mediation.  The case was settled at the conclusion of a day-long mediation session.