Tort – Traumatic Brain Injury

Plaintiff is a 40+ woman who sustained an undisputed traumatic brain injury in a serious automobile accident. Co-defendants are an employee alleged to be driving under the influence of marijuana and alcohol at the time of the accident and two international common carriers who in the first bifurcated trial exclusive to the issue of agency were both found to be employers of the defendant driver. Two previous mediations with two prior Mediators resulted in impasse. Knowing the huge risk on punitive and general damages, coupled with media exposure and a trial a few weeks ahead, the parties chose to mediate a third session with this Mediator. While the gap was bridged, all counsels continuously reacted toward each other in their negotiation resulting in grueling post-mediation follow up. Two days before answering ready for trial with millions of dollars apart, the case settled when a blind Mediator’s Proposal was presented to each side separately achieving a global settlement on the eve of trial for $10,500,000.

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