PMT Delivers a Win – Knowing How to Settle Cases

PMT Delivers a Win - Knowing Which Cases to Settle

By Thomas M. Bona and Harminda M. Morales.

Court: Pennsylvania Court of Common Pleas, Bradford
County Case Type: Premises/Negligence

Patrick J. Cosgrove - Partner

PMT Partner Patrick J. Cosgrove – VIEW BIO

PMT serves as our client’s trusted advisor by knowing which cases to settle early. Our clients rely on our experience to help them evaluate and resolve matters that might become much more dangerous and expensive if allowed to linger with future surgeries and complications.

We recently settled a pre-litigation matter for our client, a restaurant.

The claimant tripped and fell over an entry mat inside the restaurant. An employee stated that the mat was crumpled so that it created a pocket that caught the claimant’s foot. The claimant was 73 years old and suffered a fractured right shoulder. The claimant suffered several comorbidities, including congestive heart failure. She also suffered from chronic non-use of her left arm due to a previous fracture. The claimant spent several months in an in-patient rehabilitation center, and during that time, she suffered several heart-related issues that she alleged were due to her hospital stay. The claimant now has non-use of her right arm. A total right shoulder replacement was recommended, but her doctor said she was not a candidate for surgery due to health issues. The claimant alleged that she was forced to retire and live in an assisted living facility due to her inability to care for herself.

The value of the case ranged greatly depending upon what a medical expert would have said. If the plaintiff had produced an expert who said that her deteriorating health was due to her lengthy hospital say, the verdict value of the case would have increased tremendously. There was also the potential need for a total shoulder replacement, which significantly increased the potential verdict value. PMT evaluated the case as having potential high exposure, and we obtained settlement authority from our client to attempt to settle the case pre-litigation. By aggressively moving the case towards settlement, we could resolve the case before the suit was filed, save our client litigation costs, and settle a potential high-value case.

Let PMT show you how we can do that for you.


Should you have any questions, please call our office at (914) 703-6300 or contact:

Marc H. Pillinger, Executive Partner
mpillinger@pmtlawfirm.com

Jeffrey T. Miller, Executive Partner
jmiller@pmtlawfirm.com