PERSONAL INJURY – PREMISES LIABILITY

Representative Cases

  • Successfully mediated personal injury claim against owners and operators of large apartment complex.  Plaintiff, a four year old autistic child, sustained a major head injury when he fell from a second story bedroom window.  Plaintiff alleged that the property owners failed to install “child-proof” window locks despite having been informed of the propensity of the minor plaintiff to play with the standardized window latching mechanisms.

  • Successfully mediated personal injury action arising from assault by security guard at home improvement retail store.  Plaintiff was intercepted while shoplifting and sustained serious injuries due to excessive force applied by loss prevention staff when plaintiff attempted to flee the premises.

  • Mediated wrongful death case brought by heirs of 21 year old who was shot and killed by service station security guard. Plaintiffs claimed that the security company was negligent in the hiring and retention of the guard, and that the service station owner was vicariously liable for the guard’s conduct. The case was complicated by insurance coverage issues and by virtue of defense challenges to the standing of certain heirs.

  • Mediated personal injury claim arising from incident that occurred in dormitory room at Northern California liberal arts college. Plaintiff, a college sophomore, sustained serious hand injury when untempered dormitory window broke. Plaintiff alleged the 60-year-old window should have been replaced with tempered glass; defendant asserted the accident was due to horseplay.

  • Handled dispute involving a private college in connection with sexual assault of 12-year-old female summer basketball camp participant by camp coach. Plaintiff claimed the school was negligent in the hiring and supervision of the coach.

  • Dispute involving a professional sports team in personal injury case alleging lack of security at stadium venue. Plaintiff was shot in parking lot by unknown assailants following event, and alleged that inadequate security and insufficient lighting allowed the assault to occur.

  • Handled dispute involving a professional sports team in personal injury case arising from unprovoked assault in stadium men’s room by members of “Nortenos” gang. Plaintiff asserted that the stadium was poorly designed, that there was inadequate law enforcement, insufficient private security, and negligent screening for fan intoxication.

  • Mediated claim against private elementary school arising from a playground accident. Plaintiff, a 74-year-old lunchtime volunteer, was jostled by third graders who were involved in an impromptu footrace. As a result, plaintiff sustained an intracranial hemorrhage, followed by a paralyzing stroke. Plaintiff alleged that the school was negligent in the supervision of lunchtime playground activities.

  • Mediated traumatic brain injury claim arising from 4-year-old’s fall from second floor balcony. Plaintiff alleged that the landlord had actual notice of the deteriorated condition of the balcony, and specifically, that there was a large gap between the horizontal deck and vertical wall/railing.

  • Mediated personal injury claim arising from dog bite incident. Plaintiff, age 45, was seriously injured while working as a “dog walker”. Defendant asserted that the claim was barred by the “veterinarian rule”. Plaintiff alleged that the defendant dog owner had actual knowledge of the dangerous propensity of the animal and concealed that information from the plaintiff.

  • Dispute involving national ambulance company arising from intersection collision which resulted in plaintiff’s quadriplegia. Ambulance was responding “Code 3” to medical emergency and contested issues included speed, distance, visibility, effectiveness of siren, and applicability of MICRA.

​​Matthew S. Conant, Esq.

Mediator