Gray·Duffy, LLP extricates contractor on a questionable trip and fall claim for nominal settlement.

November 2015

Overview

Ed Scott of Gray Duffy’s Redwood City office successfully resolved a personal injury lawsuit for the total sum of $1,000, resulting in dismissal of the firm’s client.

Discussion

Sheree Leija v. Indian Health Center This is a trip and fall incident where the plaintiff claims that she was a patient at the Indian Health Center in San Jose, California. Plaintiff claimed that there was ongoing construction work. The firm’s client had been retained to perform certain construction work at the facility, although it appeared that no construction was taking place anywhere near where the plaintiff tripped and fell. The plaintiff contended that she had to report to an office at the facility and then was escorted by a member of the Indian Health Care Center along a sidewalk outside. She was then to go back into the building. Prior to reaching the reentry into the building, she tripped and fell over a raised portion of the sidewalk. The sidewalk was not involved in any construction work. On behalf of the insured, we filed a 998 for $1,000 which was accepted. Payment was delayed until such time as there was confirmation of lien amounts from Medicare which would allow our settlement to proceed.

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