Wingate, Russotti, Shapiro & Halperin, LLP partner William Hepner settled this case at the second mediation for $1.95 million. At the first mediation, the defendants only offered $500,000, arguing that they were going to have the plaintiff’s case dismissed by virtue of their motion for summary judgment.
The plaintiff was injured when he stepped into a hole that was covered by a tarp used to keep the recently poured concrete floor warm overnight at this high-rise building. The plaintiff twisted his body when his foot went into the hole and suffered a neck and back injury. The plaintiff, who was 53 years old at the time of the accident and wasn’t earning a large amount of money, had a fusion surgery for his neck and his back.
There were significant risks of having the case dismissed, but Bill served his opposition to the defendants’ motion shortly before the second mediation, which convinced the defendants that the plaintiff would succeed with the court.