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Hotel Owner Earns Mediated Settlement for One-Fifth the Original Demand

Case Study

Hotel Owner Earns Mediated Settlement for One-Fifth the Original Demand

August 3, 2021

Up against a $4.5 million demand from the plaintiff, Derek M. Zisser, a partner in Goldberg Segalla’s General Liability group, made use of expert and non-party discovery to attain a mediated settlement of $900,000.

In this matter, the plaintiff brought suit against our client’s hotel alleging that she tripped due to missing handrails on a stairway and, as a result, developed orthopedic injuries to her foot and subsequent complex regional pain syndrome. Using an expert architect’s report, Derek showed that the stairway in question did not require handrails. The plaintiff then claimed there was a foreign substance on the stairs which resulted in her slip and fall. Tracking down a non-party witness as well as old files from the plaintiff’s employer—neither of which mentioned the alleged foreign substance—Derek was able to argue against the plaintiff’s chief in case. Finally, after over eight years in litigation, and with the assistance of a mediator, the settlement was reached.


Goldberg Segalla’s General Liability practice group features a roster stacked with litigators and nationally recognized authorities in a number of critical legal disciplines, bringing exceptional strength and savvy to the defense of a wide range of liability claims. Our attorneys have a wealth of experience defending companies of all sizes in various industries, along with municipalities, school districts, and other public entities, in a broad spectrum of matters. We pride ourselves on the aggressive and cost-efficient manner in which we defend all claims. In matters of liability, we employ creative settlement resolutions and resort to alternative dispute resolution (ADR) where possible.