Chicago Partner Timothy J. Young successfully resolved a Cook County traumatic brain injury and orthopedic injury bus case on behalf of a national client. He did so at mediation for an amount that was far below any prior negotiations. This resolution occurred after numerous failed attempts by a prior firm.
In this case, the plaintiff, a 41-year-old male airline employee working at O'Hare Airport, was riding our client's bus to the airport. While seated near the front of the bus, a “grab bar” or “hold bar” that was suspended from the ceiling and intended for standing passengers, became loose and unexpectedly fell two feet with its front end striking the plaintiff on his head. The accident was witnessed by many fellow employees. Immediate care was rendered. Questions surrounded the degree of impact, not that the bar struck his head. The case had initially been prosecuted as a TBI injury but later, before Lewis Brisbois was assigned, the medical claims turned orthopedic as the plaintiff underwent a total disc arthroplasty of his cervical spine with a second such surgery being contemplated. In addition to the orthopedic claims, the plaintiff claimed memory problems, mood swings, aggression, fatigue, and eye pain. Medical specials were in excess of six figures and the plaintiff's lost wages related to an inability to work in his chosen field. Prior counsel estimated trial medical specials to be over a half of a million dollars, with future medical specials in the six figures. Jury verdict assessment by prior counsel estimated a seven figure verdict.
Before receiving the file, prior mediations were unsuccessful. During the final mediation, in which we participated, the plaintiff's last formal demand was approximately $2 million less than the initial demand, and our last offer was less than the plaintiff's last formal demand. The evening of the final mediation session, the plaintiff's counsel contacted Mr. Young asking if the defense might get closer to the plaintiff's last formal demand. Mr. Young sensed some urgency in counsel's negotiations.
Following discussions with the client as to strategy, there was a day of silence. The plaintiff's counsel then called Mr. Young inquiring about negotiations and was told that the plan was to try the case. The following day, the plaintiff's counsel called Mr. Young seeking an amount that was a million dollars less than the plaintiff's last formal demand during mediation (and less than half of the plaintiff's initial demand). No further authority was extended. Thereafter, the plaintiff accepted our client's offer made at the last mediation, which was less than what counsel sought during the last phone call with Mr. Young. The case then settled.
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