Fraud Blocker

Capitol City Legal Group

Huge Premises Liability Win: Overcoming Defense Risks for the Plaintiff!

September 2023 Settlement

While enjoying a family day out, Plaintiff engaged in recreational skating at a public park. When
she finished skating and went to the grassy area to remove her skates, her skate got caught in a
hidden hole partially covered by grass trimmings. This incident resulted in a serious ankle injury,
leading to the plaintiff having two surgeries. Attorney Andrey R. Yurtsan undertook this case fully
aware of the potential challenges it posed, which included the potential complete defenses of
recreational immunity, assumption of the risk by plaintiff, and contributing factors to the injury.
Nevertheless, Mr. Yurtsan displayed unwavering determination in litigating the case, including
conducting a rigorous investigation that revealed crucial evidence that would alter the course of
the case.
With a trial date approaching, Mr. Yurtsan and his team diligently prepared for the case for trial,
despite the risks. The Yurtsan Law Firm retained a team of experts, including a Biomechanics
Specialist, a California Licensed Engineer specializing in Parks and Recreation, an Orthopedic
Surgeon, a Life Care Planner, and an Economist. Over $50,000.00 was invested in securing these
experts, recognizing the potential complexities and the risk of no recovery in the case. However,
Mr. Yurtsan remained confident in his case.
When the time for settlement negotiations arrived, Mr. Yurtsan presented an impressive brief,
supported by four expert reports and his outstanding advocacy skills. The mediation included four
parties as defendants: a maintenance company; pest exterminator; the City; and a landscaping
company, each of whom engaged in the blame game and pointed fingers at one another and the
plaintiff. The only point of consensus among all defendants was their contention that the plaintiff
was responsible for her own injuries, as they occurred during her recreational activity and were
subject to assumption of risk.
Despite very extensive negotiations and the odds stacked against him, Mr. Yurtsan refused to yield
and challenged the parties, ready to take the case to trial. In the end, a global settlement was reached
for $580,000.00 for the plaintiff. This case, which other law firms have turned down, resulted in a
substantial and life-changing award that the plaintiff had never imagined possible.

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