Oct. 17, 2013
Harrison W. Sommer
See more on Harrison W. SommerJudicate West Los Angeles Specialties: personal injury, professional negligence, elder abuse
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That was true in one of Sommer's mediations involving a pedestrian who was injured after being struck by a car.
"There were conflicting views of liabilities and different versions from the witnesses," Sommer said.
Then an investigation by the plaintiff turned up some photos from a social media site, showing the defendant holding a wine glass at a dinner on the evening of the incident.
"There were implications that the defendant was doing something he said he wasn't doing," Sommer said. "It was an instance of social media having a very substantial impact on a case."
But the plaintiff was reluctant to show his cards too early - in this case, the impeaching evidence - unless there was a strong chance that the dispute would settle. Otherwise, he could use it at trial.
"The skill there is getting the parties closer together, and using the strong evidence as a last resort," Sommer said.
As it happened, the evidence was used in the mediation and the case did settle.
Another of Sommer's matters involved both medical malpractice and product liability issues related to a patient whose artery was punctured during surgery.
"It was a dispute between a medical provider and the product manufacturer," Sommer said, "and the question of whether the injury was cause by negligence or a product defect."
Complicating the matter was the fact that both parties had been using each other's services for years.
"There was an important ongoing relationship between the two," Sommer said. "The challenge was to keep the future relationship in tact. Often times, the way the settlements are handled is just as important as the settlements themselves."
The dispute was resolved this year.
- Pat Broderick
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