When the Defendant asks to mediate I am generally speaking ready to sit down at the table. This applies to car crash, dog bite, slip and fall, and basically any type of case I am currently working. A few months ago, the Defendant in one of my cases asked to mediate and we agreed to the mediator. I’m always a bit weary when they want to sit down fast and without a bunch of discovery. I say that because defense lawyers bill by the hour. They have an incentive to draw things out. If they want to move a case quick there must be a reason.
Facts About the Case
Let me provide some facts about the case. My client was visiting a gambling facility. She went to fill up a drink at the soda fountain. While she was filling up a large metal piece of the machine fell off and hit her in the head. I asked for video and photos in my discovery responses. They weren’t provided pre-mediation which said to me there must be something there. Nonetheless, I thought because there is something there the other side might be willing to put real money on the case.
At the mediation it was very apparent the defense had crumbs to offer as a resolution. It was an absolute waste of time. The conspiracy theorist in me thinks the other side just wanted to bill for the time. During the mediation I was clear with the mediator I thought they had something and would not share it. Turns out they did.
We walked after thirty minutes of mediation. I stopped by the defense lawyer’s office to ask why I hadn’t been provided the video and/or pictures. I was told “oh my paralegal just told me we did those some time ago and we will send them tomorrow...there isn’t a smoking gun.”
Picture of the Incident
Here is the picture of the metal piece falling on my client’s head. Sure looks like a smoking gun to me.
It is my humble opinion this should have been provided to me before the mediation and now I simply do not trust the Defendant. Looks like this case will go to trial.
