Alternative Dispute Resolution

John conducted an arbitration by Zoom conference where all three AAA arbitrators participated via Zoom, the parties testified via Zoom, and the physician's testimony was presented by Zoom presentation. The case involved an eye injury and, specifically, a detached retina. The medical evidence was complex. The AAA arbitrators entered their award approximately one week after the Zoom arbitration hearing was completed.

Tom represented a Defendant vehicle driver in an arbitration on damages, resulting from a vehicle accident. All parties and the arbitrator participated via Zoom virtually. The result was an award in the exact amount of the pre-suit offer to the injured Plaintiff.

John Fleming defended a case involving two deaths to firefighters on an active fire scene at a farm property, where a propane tank adjacent to the fire exploded.  The target defendants were the manufacturer and supplier of the propane tank.  John represented the fire chief and fire department for their role in directing the firefighters at the fire scene, near the propane tank.  The propane tank vent was “popping off” ignited gas periodically, prior to the rupture.  The propane tank split, with one large piece traveling in excess of 1,000 feet after the explosion.  The mediation resulted in payments to the families of the two firefighters and a partial reimbursement to John’s client on the workers’ compensation lien.  

Abigail resolved a litigated case via high-low arbitration agreed to by all parties in order to gain a quicker and more inexpensive resolution. After initial discovery, it was beneficial to all parties to enter a high-low arbitration. The matter was decided by a single arbitrator, and the result came in favorable to the defense. The case involved multiple emergency room treatments with inflated billed charges for the complaints reported. There were numerous pre-existing conditions admitted by Plaintiff in her deposition, which also added to the disputed care. Ultimately, the arbitrator awarded only partial damages claimed by Plaintiff and a low value of pain and suffering. This was a successful result for the Defendant - and resolved the case in a quicker fashion than average in-court case.

John Fleming handled a case where a property developer filed suit against a city, based on a dispute over movement and trucking of soil at a large commercial property development.  At the arbitration, the arbitration panel ruled in favor of the defendant city, ruling no liability and awarding no damages against the city.

Abigail Fleming handled a multi-party mediation for a lawsuit where an intoxicated plaintiff sued for personal injuries (bimalleolar ankle fracture & surgical repairs) sustained from a slip and fall late in the evening hours on residential premises. Abigail represented the tenant and her interests in the mediation.  Plaintiff admittedly consumed alcohol at nearby taverns prior to the incident (The EMT’s reported Plaintiff was so intoxicated that she threw up three times in the ambulance while under their care). Plaintiff claimed her foot caught in an open pipe in an area of mixed grass and gravel along a driveway area near the rear entry way to the tenant’s home.  Landlord-Defendant admitted that he was in charge of maintenance and repairs on the property and that he made repairs on that specific pipe prior to the incident in question.  The multi-party mediation successfully resolved the lawsuit.