Hon. Timothy M. Casserly, Ret.

Constr. Defect/Real Property

• Mediated a case where the plaintiff, the owner of the lower property, sued the defendant, the owner of the upper property, for flood damage after a rainstorm. The plaintiff claimed that construction and grading on the defendant's property caused water to be diverted to their property.

Construction Breach Of Contract

• Mediated regarding an incident where the Water Authority contracted a company to design floating docks on a city reservoir. The general contractor hired a subcontractor to build and install the docks whose boards began to crack. The dispute at the center of the case was whether the problem with the boards was due to the design or the installation.
• Mediated a case wherein the plaintiff contractor hired a sub to work on a tenant improvement project at a mall. During the course of construction, the sub's employees caused water damage to mall property twice. The property owner refused to allow the sub back on the property. The contractor then hired a new sub to do the work. The contractor sued the first sub for having to tear out and redo a lot of their and for the substantial costs of having to hire a new sub.

Construction Defects

• Mediated a case involving a plaintiff who hired a contractor to build a custom home. The project was expected to take a few months. After almost a year and a half the home was still under construction. At this point, the plaintiff hired subs to finish the project. The plaintiff sued the contractors they initially hired for breach of contract and defective construction.

Discrimination

• Mediated a case involving a plaintiff working as an assistant professor at a university. The plaintiff claimed that she was not being paid as much as other assistant professors for similar work.
• Mediated a case in which the plaintiff was a sous chef for a restaurant. The plaintiff did not get along well with the head chef. The plaintiff told the restaurant owners the head chef sexually harassed her but did not give details. The head chef denied these allegations. The two continued to work together despite not getting along. The owners ultimately decided to fire the plaintiff and told her that they would give her some time before officially letting her go. At that point, the plaintiff gave the owners more information about the sexual harassment. The plaintiff was nonetheless fired and subsequently sued for wrongful termination

PAGA

• Mediated a case involving a plaintiff who alleged various Labor Code violations and a PAGA claim against their employer. The plaintiff, who was a non-exempt employee, claimed that employees were paid different rates for different tasks. Some tasks were paid hourly and others were paid piece rate. However, the plaintiff alleged that overtime was not paid if both types of tasks were done in one day and the total amount of those hours worked was greater than eight hours.
• Mediated a case regarding a plaintiff who worked for a company with more than 500 employees. The plaintiff had a medical condition that required her to work from home from time to time. The company refused her request to work from home. She quit and sued for wrongful termination as well as for numerous labor code violations which were included in the PAGA claim.

Retaliation

• Mediated a case regarding a plaintiff who worked as a meat cutter at a market. The plaintiff was a recent immigrant and claimed that he was discriminated against because of his ethnicity and religion. The plaintiff also claimed that he was misclassified as an exempt salaried employee while working there and was constructively terminated.
• Mediated a case involving a plaintiff who worked as a used car dealership manager as an at-will employee. He was fired and replaced by a much younger man leading the plaintiff to sue for wrongful termination based on age discrimination. The defense claimed that he was fired for poor performance.

Sexual Harassment

• Mediated a case in which the plaintiffs were employees at a small retail business where they worked for the defendant. The plaintiffs claim that the defendant owner made inappropriate racial and sexual comments creating a hostile work environment. The plaintiffs quit and sued for constructive termination and Labor Code violations.

Wrongful Termination

• Mediated a case involving a plaintiff who worked as a salesman for a company. The plaintiff complained about racial harassment prompting a company investigation that validated the complaint. The plaintiff claimed that as a result of his complaint he was demoted, and eventually furloughed and constructively terminated. The defendant claimed that he was a poor salesman and that the company's actions had nothing to do with his complaints.
• Mediated a case with a plaintiff who worked for a public entity. He was progressively disciplined for various reasons regarding his actions and job performance. Eventually, he was fired. After he was fired Plaintiff sued the public entity and claimed that all actions taken against him by the public entity were because of his race.
• Mediated a case brought forth by a plaintiff who worked as the controller at a small construction company. The plaintiff suffered from back problems and claimed that she was fired after she gave the company a letter from her doctor saying she needed time off from her back injury. She claimed the company wanted to avoid paying her for workers comp. The defense contended that she quit and only sent them the doctor's note after she quit.
• Mediated a case wherein the claimant was hired as a controller for a construction company. She worked for the company for about six months before being fired. She claimed she was fired because she pointed out irregular or illegal accounting practices involving government projects. The respondent claimed that she was fired because she misrepresented her abilities when she was hired and was completely incompetent.

Property Damage

• Mediated a case revolving around an incident in which the defendant cut down the lower neighbor's trees which were blocking his ocean views. The plaintiff filed suit and sought treble damages for trespass.
• Mediated a case regarding a city that hired a contractor to install a street light on a residential street. While digging the hole for the street light the contractor hit and damaged a sewer line. A property owner near the incident was not told and started experiencing major sewage backup problems in their house. The property owner sued the city and the contractor.
• Mediated a case involving a plaintiff who lived in a condominium complex. The defendant lived in the unit above him. The plaintiff claimed that on several occasions the defendant left the water on which overflowed onto the floor and then went into his unit causing damage. The plaintiff also sued the HOA for not taking appropriate action to prevent the damage from happening.

Subrogation

• Mediated a case revolving around a plaintiff who had insured the common areas of a condominium next to a golf course. On an extremely windy day, a eucalyptus tree on the golf course was uprooted and landed on the condominium causing significant damage. The insurance company for the HOA paid for the repairs. The insurance company then sued the golf course to recover the money spent on the repairs.

IP Trade Secrets

• Mediated a trade secret case involving an entrepreneur plaintiff. The plaintiff contacted two large technology companies to market a new product. The plaintiff had the two tech companies (and future defendants in this case) sign non-disclosure agreements. The plaintiff and defendants never came to terms on a deal. After the fact, the plaintiff claims that the two defendants put out a product that was originally his idea.
• Mediated a case regarding a defendant who worked as a salesman for a company. The defendant left the company and went to work for a competitor. The plaintiff company sued him for stealing trade secrets and proprietary information to steal customers. The defendant cross-complained for Labor Code violations.

Estates/Trusts

• Mediated a case involving plaintiffs who were family members and potential heirs to the decedent's estate. Prior to his passing the decedent put all of his assets in a trust and made his friend the sole beneficiary of the trust. The plaintiffs claimed elder abuse and undue influence.
• Mediated a wherein the plaintiff and defendant were half-brother and sister. Originally, their mother had placed her estate in a trust with the proceeds to be split evenly between them upon her death. Shortly before her death the decedent changed the terms of her trust and created a will disinheriting the plaintiff son and giving everything to the defendant daughter. The plaintiff sued to set aside the changes claiming undue influence. The defendant claimed there was ample evidence to show that the decedent had valid reasons for wanting to disinherit her son.

Medical Malpractice

• Mediated a case where the plaintiff, an elderly man, had hip surgery and was thereafter placed in a skilled nursing facility to get care and physical therapy so he could become ambulatory. The plaintiff contended that he did not get physical therapy, was bedridden, and did not receive the care involving rotating his body, and as a result, suffered unstageable pressure wounds. The plaintiff sued for negligence and elder neglect.
• Mediated a case regarding a plaintiff who came to a hospital after suffering a stroke. He consented to surgery to place a stent. He suffered significant deficits on his left side following the surgery. Several months later, another doctor found an occlusion at the stent. The new doctor said it happened at the time of the original surgery and should have been monitored and repaired immediately. The treating doctors denied the evidence that the occlusion occurred near the time of the surgery.
• Mediated a case regarding a plaintiff who went to a phlebotomist for a blood draw. She sat in a chair that was raised and had a hydraulic lift. After the blood was drawn she tried to get out of the chair and fell and broke her hip. The plaintiff sued, claiming that the phlebotomist did not act within the standard of care.
• Mediated a case involving a defendant who negligently prescribed an extremely high dosage of a statin drug to the plaintiff. Unable to walk after taking the medication, the plaintiff ended up in a hospital. The defendant claimed that the plaintiff had significant condition issues before the incident.

Professional Malpractice Legal

• Mediated a case wherein a trust attorney prepared trust documents for a couple who was in a long-term marriage. After the attorney began working on the trust documents she was told by the husband that his mother had just died and he had inherited some accounts that he wanted to convert from his separate property to community property. The couple divorced thereafter and the husband still claimed the property as his separate property. The wife sued the trust attorney for malpractice.

Eminent Domain

• Mediated an inverse condemnation case stemming from a flooding incident at a creek during a rainstorm. The flood caused significant damage to commercial property adjacent to the creek. The plaintiff claimed the city did not properly maintain the creek which caused the flooding. The city cross complained against lower property owners claiming that if anyone was at fault it was them. The defendant and Cross Defendants all claimed that flooding would have occurred no matter what they had done.
• Mediated a case brought forth by a business that noticed that its asphalt driveway kept sinking in places whenever it would rain. The city inspected the area and found that there was a deteriorating storm drain under the driveway area. The City repaired the storm drain but would not repair the asphalt driveway. The City's expert said the sinking asphalt was not caused by the storm drain. The plaintiff's expert said that it was.

Home Owners Association

• Mediated a case involving a plaintiff who sued their homeowner's association for failing to maintain the sewage pipes in her unit as required, which damaged her property. The defense contended that they had done everything she requested and claimed she was overstating her damages.

Neighbor Dispute

• Mediated a case regarding a plaintiff who owned a house in Coronado for many years. The defendant bought the next-door property as a teardown. The defendant hired a surveyor who determined that the plaintiff's guest house encroached several inches on the defendant's property. They were unable to resolve the dispute informally. The plaintiff sued to obtain an equitable easement. The defendant filed a cross-complaint for trespass.
• Mediated a case relating to a plaintiff who had an easement for ingress and egress over a portion of the property owned by the defendant. The defendant was not originally aware of how far the defendant's property line actually extended when the defendant purchased the property. Once the defendant realized how far his property extended he began treating it as if there were no easement and blocked the plaintiff's access.
• Mediated a case wherein the defendant bought a lot from a friend about three decades ago. The defendant built a house on the property, landscaped the backyard, and built a fence across the backyard that encroached eight feet on his backyard neighbor's property. This was done with the neighbor's permission. For years the defendant tried to get the neighbor to agree to a lot-line adjustment but the neighbor refused. The neighbor then sold the property to the plaintiffs. The plaintiff asked the defendant to vacate. The defendant refused claiming he had an irrevocable license to use the property in perpetuity.

Property Damage

• Mediated a case involving the roots from a large old tree on the defendant's property that extended onto the plaintiff's property, cracking the concrete slab and damaging the pipes.

Real Estate Land Use

• Mediated a case involving three friends who had three cabins and shared ownership of an approximately 12-acre parcel. About 20 years ago a wildfire burned down all the cabins. The County would not let them rebuild the new cabins the size they wanted unless the property was subdivided into separate parcels. This was done but the parcels were separated in a way that meant access to one of the houses was right through an area that another house wanted to use as a driveway. There was an agreement that if that owner created a new road in a specific location to access the other house the original easement would be extinguished. The road was created but there was a dispute as to whether it was done in the correct location and whether it was done properly
• Mediated a case involving neighbors who had a dispute regarding encroachment by one owner on the property of the other. The dispute was about whether there was an equitable easement. There was another issue because the water district also had an easement over the disputed area.

Real Property

• Mediated a case wherein the plaintiff attended an open house at a property that was for sale. She tripped on a step and fell severely injuring her shoulder. She sued the property owner for premises liability and the real estate broker for negligence. The defendants denied any liability.
• Mediated a case regarding parties who entered into an agreement for the sale of a commercial property. The buyers, on two occasions, asked to extend the close of escrow. After the second extension, the sellers included several conditions that had to be met before the next escrow closing date. The sellers claimed the buyers did not meet these conditions and canceled the sale.
• Mediated a case involving two couples who are related and purchased a house together. One couple put up the bulk of the down payment. The title was taken as a joint tenancy. There was some question as to whether the parties understood joint tenancy as their separately signed "house sharing agreement" was inconsistent with joint tenancy. One of the owners died and his wife moved out. Everyone agreed the house needed to be sold however, there was a dispute as to how the proceeds should be divided.
• Mediated a case regarding a real estate developer who purchased an older hotel and surrounding rental cottages intending to refurbish and sell the property. The tenant of one of the cottages complained constantly about habitability issues with their cottage. The developer gave the tenant a 90-day notice to quit. The tenant refused to leave. The developer filed a UD action. The tenant filed a wrongful eviction and habitability case against the developer.
• Mediated an easement dispute in which the plaintiff had a dispute with a neighbor regarding access to a road that crossed the defendant's property. The defendant blocked the road with chains across the road. The plaintiff sued claiming he had an express easement. The defendant filed a cross-complaint claiming the easement had been extinguished by adverse possession.

Transaction

• Mediated a non-disclosure case where the plaintiff claimed that the defendant did not disclose all the plumbing problems the house had. After close of escrow, the plaintiff had to make numerous repairs to the plumbing. The defendant claimed he disclosed everything he knew. The defendant also claimed the buyers own inspection report put him on notice that the plumbing had very old drainpipes that were subject to failure.

Warranty of Habitability

• Mediated a case involving a plaintiff who lived in an apartment near the coast. The plaintiff's apartment had a musty, damp smell and she was coughing all the time. Because of the conditions, she was forced to vacate the apartment. After moving to a new location she continued to suffer from respiratory problems that she claimed were caused during her time living in the costal apartment.

Assault and Battery

• Mediated a case regarding a plaintiff who was trespassing on the defendant's hotel property. A hotel employee confronted the plaintiff while the plaintiff was in his car getting ready to leave. The plaintiff got out of the car and approached the employee with pepper spray. The employee then attacked the plaintiff, breaking his arm while taking him to the ground, and then punching him in the face breaking some bones in his face.
• Mediated a case involving a homeless plaintiff. The plaintiff was sleeping on a covered porch at a small restaurant. The restaurant owner and an employee came and confronted the plaintiff. The plaintiff contends that the employee threw him over the railing. The employee denied throwing him but admitted to pushing him. The plaintiff was injured when he landed on the ground.

Catastrophic Injury

• Mediated a case involving a truck v. pedestrian admitted liability accident. The plaintiff suffered numerous injuries including a significant brain injury. The only issues were how much future car would be needed, what was his life expectancy, and what would a jury likely award for pain and suffering.
• Mediated case revolving around an incident where a city firefighter drove his vehicle through a controlled intersection. The firefighter did not see the plaintiff who was struck and landed ten to fifteen feet from the point of impact. The plaintiff suffered many injuries including a wound to his head that needed to be stapled shut, traumatic brain injury, compression fractures to his spine, and a torn rotator cuff.
• Mediated a case wherein the plaintiff was an employee of a subcontractor working on a large job at a shipyard. An employee of another company negligently caused the plaintiff to fall, injuring a limb that needed to be amputated.

Elder Abuse

• Mediated a case involving a plaintiff who was a patient at a skilled nursing facility. The plaintiff was known to be a patient who was subject to falling. During her stay at this facility, she fell numerous times. The last time she suffered a broken leg. The plaintiff claimed negligence and neglect. The defense claimed they had an appropriate fall plan in place and these falls were unavoidable.

General Negligence

• Mediated a case in which the plaintiff claimed that a freight elevator gate malfunctioned and hit him on the head. The defense contended that the plaintiff's version of events was physically impossible and that the elevator was incapable of malfunctioning in that manner.
• Mediated a case involving a plaintiff who ate a hamburger at a hotel restaurant and shortly after, felt very sick. He was taken to the hospital, diagnosed with food poisoning, and spent three days in the hospital.
• Mediated a case regarding a young, special needs child plaintiff who was being babysat at a friend's house. The friend's dog bit the plaintiff on the face. The plaintiff claimed significant psychological damage because of the dog bite. The defense claimed his problems were due to preexisting conditions.
• Mediated a case involving a plaintiff who was an elementary school student. The plaintiff claimed that he had been bullied on a regular basis by other students. The bullying caused severe emotional distress. He claimed that the bullying regularly occurred on the school grounds in the presence of teachers or school administrators who were aware of it and took no action. He sued the school district for negligent supervision.
• Mediated a case regarding a plaintiff who was staying at a vacation rental condominium. She was walking on a walkway to exit the property and tripped on an area where there were two steps on the walkway. She suffered a broken ankle and had torn ligaments. She was transported to the hospital and had surgery to repair the ankle the next day. The plaintiff contended the dim lighting in the area and the fact that there were no handrails made this a dangerous condition.
• Mediated a case in which a minor plaintiff tripped, fell, and hit his head on a hard piece of equipment while at an indoor playground facility. The injury caused a deep gash on his forehead that required two layers of stitches. He recovered but continues to have a scar on his forehead.
• Mediated case regarding plaintiffs who were working in an abandoned building that was set to be torn down. They were in a room with an electric smart meter. The cover of the control panel had fallen off. One plaintiff tried to put the cover back on the panel and an electrical explosion occurred, burning both plaintiffs. They sued the electric company for failure to properly maintain the equipment.

Maritime Law

• Mediated a case involving a plaintiff who was a subcontractor working on a ship in navigable waters. The plaintiff was on a ladder when a worker came by and jostled the ladder, causing him to fall backward and hit his head on a light fixture.

Personal Injury

• Mediated a case wherein the plaintiff tripped and fell on some palm tree berries on a walkway outside an office complex. The plaintiff hit her head and suffered a brain bleed. She claimed ongoing problems because of this accident. The defendant denied liability.
• Mediated a case wherein the plaintiff slipped and fell on some spilled bleach on a store floor. She broke her wrist and claimed that she suffered from chronic regional pain syndrome. The defense claimed that a customer in the store admitted spilling the bleach just before the plaintiff fell however the store employees could not identify this individual.

PI Auto

• Mediated a case wherein the plaintiff suffered significant soft tissue injuries in an automobile accident. The accident occurred at a traffic light-controlled intersection. The defendant disputed liability hinging on the question of who ran the red light.
• Mediated a case involving an underinsured motorist case wherein the plaintiff suffered soft tissue injuries in an admitted liability rear-end accident. The plaintiff claims to have been in constant pain ever since the accident. The defendant argued that the plaintiff had pre-existing pain complaints.
• Mediated a case involving a plaintiff who was driving home in his truck on a two-lane rural road. The defendant was ahead of the plaintiff slowly driving a tractor. As the plaintiff approached he decided to pass the slower vehicle. As the plaintiff started to pass, the defendant turned left in front of him to go onto a dirt road. The plaintiff suffered a significant knee injury.
• Mediated a case involving a plaintiff who was injured in a car accident. The plaintiff claimed that he suffered many injuries as a result of the accident including traumatic brain injury. The defense contended that most of his complaints were due to unresolved pre-existing conditions.
• Mediated a case regarding a plaintiff who was driving straight through a signal-controlled intersection on a green light. The defendant made a left turn in front of the plaintiff at a red light causing a collision. The plaintiff suffered knee, hip, and wrist injuries. The plaintiff had knee surgery to repair his knee.
• Mediated a case involving three plaintiffs who were riding with a large group of cyclists. The defendant made a left turn in front of the group. The three plaintiffs collided with the truck. The driver of the truck said he did not see the group coming. His vision was obscured by bushes on property owned by the state. The plaintiff cyclists suffered significant injuries.
• Mediated an auto versus pedestrian accident. The plaintiff was walking in a shopping center crosswalk. The intersection was controlled by stop signs. The defendant stopped at the stop sign and then made a right turn into the crosswalk striking the plaintiff. The plaintiff suffered a broken leg in the accident.
• Mediated a case in which the plaintiffs, husband and wife, were injured in an admitted liability auto accident. The wife's injuries were more significant - she had a broken pelvis and spent several days in the hospital. The husband had a claim for loss of consortium.
• Mediated a case in which the plaintiff was injured in an admitted liability auto accident. He had back pain following the accident and after exhausting ineffective conservative treatment, he underwent an implantation of a spinal cord stimulator which was 80 percent effective in reducing his pain.
• Mediated a case regarding a young plaintiff who was riding a motor scooter on the street in a residential neighborhood. A collision between the boy and the defendant's vehicle occurred. The plaintiff claimed the defendant was speeding. The defendant claimed she was driving slowly and her vehicle was struck by the plaintiff. The plaintiff suffered a broken leg and a mild concussion.
• Mediated a case involving a plaintiff who was turning his motorcycle to enter a gas station. He ran over a sign that was laying on the road, causing him to lose control and crash. The sign had been posted at the gas station and had fallen off a pole. The plaintiff suffered a broken hip along with other injuries.
• Mediated an underinsured motorist case. The claimant's family members were in a left-turn lane at a controlled intersection. A drunk driver tried to make a right turn onto that street but was going too fast and ran into the driver's side of the claimant's vehicle. All parties were injured with the claimants on the driver's side suffering significant injuries
• Mediated a case revolving around a sideswipe accident at the intersection of two freeways. Each side claimed the other was at fault for the accident.
• Mediated an admitted liability auto accident that left the plaintiff with neck and back injuries. The plaintiff had been in two prior serious injury auto accidents so there were significant issues as to whether her current complaints were caused by the most recent accident.
• Mediated a case wherein the plaintiff was walking along a street very early in the morning in an industrial area. It was dark outside. The plaintiff crossed the road, but not at an intersection. An 18-wheeler truck was driving down the street, did not see her in time, and struck the plaintiff. The plaintiff was taken to the hospital where she was kept for over a week. She had broken bones in her face and injured her knees. She also claimed to have suffered a traumatic brain injury. The defense denied liability claiming the accident was the plaintiff's fault.
• Mediated a case wherein the plaintiff was in the right front passenger seat of a car being driven by a friend. The plaintiff was working on her laptop. Another car ran into the plaintiff's car. The force of the accident caused the plaintiff's face to strike the laptop cutting her lip and chin area. She needed several stitches. The issue in the case was whether the plaintiff needed plastic surgery to remove the scarring and the appropriate charges for that surgery if in fact it was needed.
• Mediated a case regarding a rideshare driver who pulled in front of a restaurant after being contacted to pick up the plaintiff and her friends. The plaintiff was the third person to get in the vehicle. As she started to get in the rear passenger seat the defendant driver started driving. The plaintiff was dragged a short distance. She was taken to the hospital by ambulance. She later claimed numerous injuries including traumatic brain injury.
• Mediated a case revolving around a four-car, rear-end accident. The plaintiff was driving the lead car. The case involved a dispute between the following cars regarding liability and the extent of injuries caused by the accident.
• Mediated an admitted liability auto accident. The plaintiff claimed to have torn his right shoulder rotator cuff in the accident. He had surgery to repair it. The defense contended the shoulder could not have been injured in the accident and claimed it was caused by repetitive use from his job and other activities.
• Mediated a case regarding a plaintiff who was stopped in traffic on a busy two-lane street. The plaintiff was rear-ended by a truck. The plaintiff had recently recovered from back surgery. The plaintiff claimed several injuries caused by this accident including traumatic brain injury.
• Mediated a case in which the plaintiff was riding her bicycle down a busy two-lane residential street with cars parked along both sides of the street. The driver of a ride-share company was parked on the street. As the plaintiff was riding down the street the driver opened his door hitting the plaintiff and causing her to fall and break her leg. She spent several days in the hospital and had a difficult recovery. The plaintiff will likely require surgery to remove the hardware.
• Mediated a case in which the plaintiff was riding his motorcycle on a rural two-lane highway and the defendant was driving a tractor-trailer southbound on that same highway. The defendant made a left turn across the plaintiff's lane. The motorcycle crashed into a truck. The plaintiff suffered numerous broken bones that required many surgeries to prepare. There was an issue regarding liability since the plaintiff was traveling more than 20 mph over the speed limit.
• Mediated a case involving a truck versus motorcycle accident in which the plaintiff was in the number 1 lane on the freeway and the defendant truck driver was in the number 2 lane. The truck veered into the number 1 lane and struck the plaintiff. The plaintiff's wrist was mangled in the crash. The plaintiff also suffered a concussion, torn labrum, knee injury, back injury, and numerous contusions.

Policy Distribution

• Mediated a case in which multiple plaintiffs were injured in an automobile accident. The plaintiffs were hit by a drunk driver with a 15/30 policy. UIM insurance was available for all parties. The collective damages far surpassed that number, so it was necessary to find an equitable way to distribute the available money.

Premises Liability

• Mediated a case regarding plaintiffs claiming that the apartment they rented had mold in it and that the landlord did not appropriately remediate the problem. The plaintiffs had to destroy contaminated personal property and one plaintiff needed to seek medical treatment.
• Mediated a case involving a plaintiff who fell on a commercial business stairway. The stairway did not have handrails. She suffered a broken hip and a torn labrum.
• Mediated a case regarding a plaintiff who attended a wedding reception. While dinner was being served, the waiter dropped a tray of dinner plates on the plaintiff's head while she was sitting at the table. The plaintiff suffered a closed head injury.
• Mediated a case wherein a plaintiff was on an outdoor patio at a golf course restaurant. A sudden gust of wind caused a patio umbrella to fly out of the table and land on the plaintiff's head. The plaintiff claimed traumatic brain injury.
• Mediated a case involving a plaintiff who tripped on a tree planter at a theme park. She suffered a broken ankle along with other injuries.
• Mediated a case wherein the plaintiff tripped and fell on a raised portion of a city sidewalk. She landed on her face, lost teeth, and suffered injuries to her mouth. She sued the city for the dangerous condition of public property. The city claimed it was not a dangerous condition in that it was a "trivial defect."
• Mediated a case regarding a medical doctor who slipped and fell on a linoleum floor at a hospital where she was making her rounds. She claimed to have knee and back problems as a result of the fall. The hospital disputed liability and claimed her medical problems were due to pre-existing conditions and a prior fall.
• Mediated a case regarding a plaintiff who was working for a subcontractor responsible for demolishing a building for a contractor employed by a school district. The plaintiff was told to cut certain gas lines that he was told had been shut off. It turned out the gas had not been turned off and when he cut the pipe it sparked a fire causing him to be severely burned. The case involved complicated issues regarding who was responsible, indemnification agreements, and insurance coverage.
• Mediated a case wherein the plaintiff was a non-resident property owner at a condominium complex. She went to an HOA meeting in a conference room at the complex. The entrance to the conference room is made up of large glass sliding doors. As the plaintiff tried to enter she walked into the glass door and fell to the ground. She broke her hip and spent several weeks in the hospital and skilled nursing facility. The defense's position was that in the more than five decades that the complex existed, nobody had walked into the glass doors before.
• Mediated a case involving a plaintiff who worked in an office building. While working in the office suite, one day, an air conditioner register fell from the ceiling striking her on the head. The plaintiff suffered a concussion and other injuries. The plaintiff sued the building owner and the air conditioning company that serviced the building. The building owner filed a cross-complaint against the air conditioning company. Both defendants disputed liability.
• Mediated a case in which the plaintiff, an elderly woman, tripped and fell in a damaged area of the asphalt parking lot of a bank, hitting her head. The bank had a contract with another company to inspect and make repairs to areas of the property like the parking lot. The plaintiff claimed that she suffered from a traumatic brain injury after the fall. Each of the defendants denied responsibility and both contended that the plaintiff's complaints were preexisting and that there was no evidence to support a finding of traumatic brain injury.
• Mediated a case wherein the plaintiff tripped and fell at night on a single step on a walkway in a townhouse development. The plaintiff claimed the lighting in the area made it difficult to see the step. The plaintiff injured his knee in the fall and required knee surgery. The knee became infected and his leg had to be severed at the knee. The defendant denied liability.
• Mediated a case wherein the plaintiff was shopping in a large indoor fresh flower warehouse. The cement floor was not in pristine condition. There were many, various-sized chips on the floor. The plaintiff tripped on one of those chips, fell, and hit her head on the floor. She was diagnosed with mild traumatic brain injury. The defendant denied liability claiming this was a trivial defect in the floor.

Product Liability

• Mediated a case regarding a plaintiff who was riding her skateboard down a street where construction was occurring on the property along the street. Her skateboard hit a loose screw or bolt in the road near the construction site causing her to fall from the board and break her ankle.
• Mediated a case involving a plaintiff who rented a trailer and a piece of equipment from a rental yard. On the return trip, the equipment fell off the trailer. The plaintiff was injured in the process. The plaintiff claimed that the rental yard was negligent in how the equipment was fastened to the trailer and that the manufacturer was responsible for among other things failure to warn.
• Mediated a case related to a plaintiff who was cleaning his pool filter. He reassembled the filter and turned on the pool pump. Apparently, he did not turn on the air release valve which resulted in pressure building up in the system which suddenly exploded, causing the top part of the filter container to come off, hitting him and permanently injuring his eye. The plaintiff claimed this was a defective design. The defense claimed the plaintiff did not follow the simple instructions that would have prevented this from occurring.
• Mediated a case wherein the plaintiff purchased a new lever-action rifle. He was very experienced with firearms. He went to a private shooting range to try it out. While firing the rifle, the barrel exploded causing broken bones in his left hand and his left pinky finger was cut off at the first knuckle. The plaintiff required several surgeries to repair his hand. The plaintiff sued those defendants in the distribution chain for the rifle and the ammunition. Both sides claimed that it was the other defendant or the shooter who was at fault.
• Mediated a Subrogation case in which the plaintiff's insured bought a washing machine. It was installed by a handyman. The plaintiff ran several loads of wash without issue. One day she started a load and left the house when she returned the house was flooded. The insurance company sued the manufacturer. There was a dispute between the insurance company and manufacturer as to the cause of the leak.

Wrongful Death

• Mediated a Wrongful Death case involving an auto versus auto motor vehicle action. The case involved significant liability issues.
• Mediated a case wherein a patient died while under the care of a skilled nursing facility. The plaintiffs sued for wrongful death and dependent adult neglect.
• Mediated a case involving a young adult plaintiff and his wife who were out drinking with a group of his friends. They were walking out in a parking area and the plaintiff was carrying his wife. The plaintiff tripped on a small pothole and dropped his wife. She hit her head on the ground and died. The plaintiff sued 2 public entities each of which denied ownership of the location where the incident occurred.
• Mediated a nursing home case wherein the decedent was a patient in the memory care unit. Another patient in the unit was difficult for staff to control. She committed acts of violence toward other patients and staff. She had acted aggressively toward the decedent on one occasion. On another occasion, she pushed the decedent to the ground causing the decedent to break her hip. The decedent had surgery and never recovered. She died a few months later.
• Mediated a case regarding a solo accident involving a rollover bus crash wherein the defendant bus driver was driving on a highway at approximately 75 miles per hour in heavy rain. He lost control of the vehicle. Several people died and many were injured. The plaintiffs sued the driver and the owner of the bus for negligence. The state's transportation company was sued for dangerous condition of public property. The plaintiffs also sued several companies for product liability involving the bus.
• Mediated a case in which a large construction vehicle ran over a person sleeping on the beach, killing that person. Heirs sued the city and the construction company for wrongful death. The case involved liability issues as to the city and damages issues as to the value a jury would place on the death of this individual.
• Mediated a case wherein the decedent was working as a security guard. He was driving his security vehicle through a controlled intersection with a green light. The defendant was a driver for a ride-sharing company. While on duty he was distracted by a notification on his phone. He ran a red light and struck the right side of the decedent's vehicle.
• Mediated a case involving a decedent who came to a nursing home after hospitalization for a stroke. The bed rails were supposed to be installed on her bed, but this was not done. She fell out of bed, injured her spine, and became a quadriplegic. She never recovered and died around eight months later. Her heirs sued for wrongful death and elder abuse.