On April 2, 2017, Arlyne was at an estate sale held at a private residence in Piedmont, CA. The homeowner had recently died and everything was for sale. The estate sale was handled by Dan May Estates. Arlyne entered a boiler room full of books for sale. Unbeknownst to Arlyne, the floor was actually a platform floating above the ground. When Arlyne entered, there was another customer standing on the platform. As Arlyne walked around her, her right foot caught the edge of the platform and she fell, breaking her right ankle.
Arlyne made claims against both the homeowner and Dan May Estates. Both defendants rejected Arlyne's claim, stating that Arlyne was at fault for not seeing the drop-off. Defendant also claimed that Arlyne should not have entered the room when someone else was in it. The woman standing on the platform stated that Arlyne brushed past her and was negligent for not looking where she was going. And Defendants hired a Human Factors Expert who concluded Arlyne was to blame for the accident because the drop-off was open and obvious, and that if she was paying attention, the accident would not have happened.
Below is a redacted version of Arlyne's Settlement Video. In all large cases, we prepare a Settlement Videos to help the defendants properly evaluate the strength of our case. Note: 90% of the video has been deleted, to protect Arlyne's privacy.
Unfortunately the parties were unable to settle this case because there were too many disputed issues. And because the Covid lockdowns pushed a trial so far into the future, the parties agreed to resolve this case through Binding Arbitration. In Binding Arbitration, a neutral Arbitrator decides the case and renders an award which is final.
The Arbitrator awarded Arlyne $479,000.00.
In addition, we recovered an additional $10,000 from the Defendants' Medical Payments coverage for a total recovery of $489,000.00.
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