"Slip-and-fall cases are difficult to try on both ends," Megan Boorsma said. "A case like this with a fracture is high risk. There's a big risk of us getting a defense verdict in a slip-and-fall case, but with an injury like this, there's definitely a risk that they would get a verdict. People always say like you never leave a mediation happy, neither side."
Newly named partner Morgan Boorsma at BBB Attorneys settled two cases back to back, securing nearly half a million dollars.
In one case—a motor vehicle collision lawsuit involving a T-bone accident—plaintiff Robert Pogorzelski alleged Xhensila Cekolli did not come to a full stop at an intersection and hit his car. The impact also allegedly caused him to strike another person's vehicle.
Pogorzelski's head, left arm, shoulder and chest were injured, court records showed.
Boorsma said that liability wasn't an issue in the case, but previous health problems led to a dispute between the parties on the value of the case.
Defense attorney Sergio C. Deganis of Oullette, Deganis, Gallagher & Grippe, did not immediately respond to a request for comment. But the special defenses claimed Pogorzelski's own negligence caused the injuries.
In addition, because Hydri Cekolli was the owner of the car Xhensila Cekolli was driving, the insurance company denied coverage because she was excluded from the policy, Boorsma said.
"We didn't settle immediately at mediation because they wanted us to get a second denial of coverage about the underlying tortfeasors insurance," Boorsma said.
"The other tortfeasor ended up paying nothing towards the accident. … It was a straight denial."
While Boorsma said they weren't able to exhaust the full policy limits of $250,000, Pogorzelski was able to secure a $218,750 settlement.
In the second case Boorsma settled, the plaintiff alleged that she slipped and fell on concrete stairs at a driving school, and injured her back. The plaintiff fractured her spine, but did not have to have surgery, Boorsma said.
The defense argued in its special defense that the plaintiff should have been more careful when using the stairs. Boorsma said the plaintiff's prior similar injuries was also a challenge.
One of the defendants' lawyer, Gregory J. Vetter of Goldstein and Peck, did not immediately respond to a request for comment. The other defendant's attorney, David A. Sylvestre of The Law Offices of David Sylvestre, declined to comment.
During mediation, Boorsma said both sides were very far apart.
"Slip-and-fall cases are difficult to try on both ends," Boorsma said. "A case like this with a fracture is high risk. There's a big … risk of us getting a defense verdict in a slip-and-fall case, but with an injury like this, there's definitely a risk that they would get a verdict. People always say like you never leave a mediation happy, neither side."
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