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Favorable Settlement Reached in Premises Case

Amy E. Ray, of the Tampa office, obtained a very favorable settlement in a case involving a teenage girl who fractured her ankle on our client’s property inside the tenant’s premises while tumbling and landed in a “pit” which was surrounded by various mats. The tenant was a cheerleading school, but our client admitted he owned all the equipment that was being used. Medical bills were $28,000 which included a surgery. At mediation the plaintiff would not take less then $100k largely because her mother is a paralegal for the plaintiff attorney. At mediation, our client offered $15,000, which was then reduced to a proposal for settlement. Following mediation, Amy drafted a motion for summary judgment arguing that our client was not in possession and control. Amy refuted all the arguments raised in Plaintiff’s response, and as the hearing on the motion for summary judgment got closer, Plaintiff’s counsel started dropping his demand. Amy held firm at her number, and Plaintiff’s counsel finally accepted the proposal on the eve of the hearing.

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