Following five years of litigation, one of Rechtman & Spevak ’s clients received settlements from a construction company and her employer’s workers’ compensation insurer totaling $307,000.
In that case, the plaintiff was employed as an assistant manager at a store that was about to open in a new mall. She was sweeping the storage room of the store, when a shelving unit detached from the wall and fell on her. She sustained severe injuries to her head, neck, right shoulder, and back in this incident. An inspection of the storage room revealed that the shelves apparently had just been attached to the drywall, and were not secured to the studs behind the wall.
Suit was filed in Fulton County State Court against the construction company that had been hired to build out the store. The construction company filed a motion for summary judgment, which was denied following oral argument.
Litigation was also instituted in the plaintiff’s workers’ compensation claim. One of her treating physicians recommended shoulder surgery, and the surgery was denied by the insurer. The insurer eventually gave in on the issue just prior to a scheduled hearing, and the plaintiff had the surgery. Back surgery was also recommended, but the plaintiff declined to have it done.
The parties agreed to schedule a global mediation, at which after several hours, a settlement agreement was reached. Prior to settlement, the plaintiff had received $155,000 in medical and indemnity benefits paid by the worker’s compensation insurer. This was in addition to the $307,000 settlement. As part of the settlement agreement, the workers’ compensation insurer also agreed to waive their subrogation lien.