Success Stories

Investigation and mediation after slip and fall

SITUATION

On a wet and rainy day a customer of a large bank had a slip and fall incident on the bank’s front door sidewalk. Paramedics arrived and transported her to a nearby hospital where she was diagnosed with a broken hip. Following an extended recovery, her attorney sued the bank on her behalf for negligence contributing to her fall. The plaintiff in the case also claimed pain and suffering and permanent disability. Damages of $225,000 plus ongoing disability payments were called for in the lawsuit.

SCENARIO

Norcross was assigned to manage the claim, and according to internal protocol, proceeded to take and document witness statements and accident scene measurements, create a scope document, create an accident diagram, and take the claimant’s statement. Considering the results of these activities, it appeared that the claimant and her legal representative may have exaggerated the extent and duration of her injuries. 

OUTCOME

Prior to going to trial, the presiding judge required a mediation session between the parties. At the mediation, it became clear to the claimant’s representatives that their case was problematic, and there was a good possibility they would receive no award at all at trial. At mediation, they settled for $60,000 with no disability payments, which was estimated at 70 percent less than the demand amount.