Case Type: General Negligence, Premises Liability, Nuisance
Facts of the Case
On November 13, 2015, Mrs. Nancy Ann Griffith, a lawfully paying patron at Defendant Bob Evans' Ann Arbor, Michigan location, was walking through the entry/exit foyer of the restaurant, having just finished her meal and paid the bill. Suddenly and without warning, the ceiling tiles directly above her collapsed, striking her and causing severe and on-going injuries.
Types of Injuries and Harm Suffered
- Fracture of the right first metacarpal
- Concussion with post-concussive sequelae
Other Types of Damages
- Past, present and future economic damages, including medical co-pays, out of pocket prescription expenses, and a medical lien.
- Past, present and future non-economic damages in the form of pain, suffering, mental anguish, emotional distress, loss of enjoyment of life, fear, anger, humilitation, anxiety, and shock.
Legal Issues in the Case
- Plaintiff's age (83 years old at the time of settlement)
- Lack of objecively veritable injuries
- Treating physicians whose records were not supportive of proximate cause (age-related, chronic cognitive symptoms vs. acute, concussion-related cognitive symptoms) and which indicated limited residual damages.
What We Did to Win the Settlement
Once the lawsuit was filed, we consented to the Defense's suggestion for a very early facilitation to try and resolve the matter prior to any discovery and accumulation of significant litigation costs.
At the facilitation, we negotiated for a very long time and were finally able to get the Defense to make a fair and equitable settlement offer which we accepted.
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