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Farrow v. YMCA

December 13, 2013

On December 13, 2013, a jury returned a verdict of $40,000 in favor of Plaintiff in a personal injury lawsuit where liability was not contested defense counsel, Joseph Toddy, Esquire.

Specifically, Plaintiff was injured while participating in a fitness class, when a light fixture lens fell from the ceiling and landed on the floor. Although the lens did not strike her, Plaintiff’s reaction caused her to fall, at which time she sustained a non-displaced femoral neck fracture of the left hip. A few months after the accident, the elderly Plaintiff suffered a stroke that she asserted was causally related to the stress associated with her hip fracture.

Accordingly, the parties were forced to engage in prolonged litigation, as Plaintiff demanded $1,000,000 to settle the matter up until weeks before the scheduled trial. On the eve of trial, Plaintiff’s demand was $475,000 and the Judge placed a settlement value of $250,000 on the case. At the advice of Joseph Toddy, Defendant extended a $40,000 offer that was rejected by Plaintiff, so the parties proceeded to trial.

At trial, Attorney Toddy successfully precluded the introduction of Plaintiff’s medical bills, amounting to approximately $58,000, as well as evidence or testimony regarding Plaintiff’s estimated life expectancy. Additionally, following the close of evidence, Plaintiff rejected a $100,000 settlement offer from Defendant’s insurance carrier that was extended absent the advice of trial counsel.

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