This case involves a 24-year-old woman who was getting a manicure at a local beauty salon when the nail tech improperly used a cuticle trimming tool and injured the woman’s nail. The injury caused the young woman much pain and embarrassment and resulted in her developing an infection in the nail bed that required treatment with various antibiotics and ointments. The injury caused a slight change in the appearance of her nail and had an economic impact since the woman worked as a model with an agency and could not work for several weeks while she treated her infection. Suit was filed in the case and it eventually settled after depositions for $47,000 inclusive of economic and non-economic damages.
John “Doe”, age 36 at the time of the accident, was a front seat passenger in a motor vehicle traveling westbound on Route 422 in Lower Providence Township, Montgomery County, when the host vehicle was involved in a motor vehicle accident. The driver had attempted to make a lane change and did not see another vehicle in the left lane and struck that vehicle which caused the host vehicle to be forced off the highway. As a result of the impact, claimant was violently thrown about inside the vehicle where he sustained serious and disabling injuries to his head, neck, low back and left knee. He was diagnosed with disc herniation at C6-7, disc bulges at C5-6 and C4-5, cervical radiculopathy, cervical radiculitis, thoracic neuritis, left lumbar radiculitis, bilateral carpel tunnel syndrome, acute myofascial pain syndrome, small horizontal tear extending to the meniscocapsular insertion of the left knee.
Claimant was employed as a stained glass fabricator and installer and was disabled for many months following the accident and collected workers’ compensation benefits including wage loss and medical coverage. He sought a liability policy limit tender and a tender of the underinsured motorist benefits (UIM) which resulted in a settlement of $125,000.00. The liability claim was litigated and resolved by way of a binding arbitration. The arbitrator was effective in settling all outstanding issues in the case and brought Claimant a sense of relief as he had been able to settle all aspects of his case. This was a challenging case because Claimant had a prior history of neck, back and left knee problems which had to be distinguished from his present complaints. Counsel for claimant was able to secure expert medical witness opinions to establish the cause and effect of the accident and the injuries outlined by his treating and examining physicians.
Two clients received inaccurate advice on the sale of investment accounts by a representative of a large brokerage company and sustained a substantial and avoidable tax penalty. The erroneous advice constituted a breach of the services agreement with the brokerage and allowed the clients to seek damages for their losses.
After extensive negotiations with the attorney for the brokerage, the parties were able to resolve the dispute without having to attend an administrative hearing and incur the expense of hiring an expert. Though the clients did not receive full restitution for their losses, they did receive enough compensation to substantially lessen the financial impact of the poor and misleading advice.
Four clients were sued for breach of contract and unjust enrichment for allegedly failing to pay back a loan for the purchase of real estate investment properties during the period of 2007-2009. The clients deny that a loan was ever made and their defense to the claims was that the loan was in fact a capital investment in a risky real estate investment venture. The clients attempted to resolve the dispute with the complaining party by turning over the property to that party who rejected the settlement proposal. After extensive discovery and the use of experts by both sides, the case will be resolved through binding arbitration with a retired Common Pleas Court Judge at a fraction of the cost for a typical bench trial. This method of alternative dispute resolution is a valuable tool to settle claims in a more economic and less stressful manner.
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