From 1986 through 2003, while maintaining a very busy Personal Injury practice representing Plaintiffs, Mr. Stewart was chosen to Mediate and/or Arbitrate over 1,200 cases. Starting in 2004, Mr. Stewart decided to place a greater emphasis on his Mediation business. Since that date, Mr. Stewart has dedicated the majority of his time to being a Mediator and Arbitrator in very extensive and serious multi-party cases, while limiting his successful Personal Injury practice representing Plaintiffs to no more than ten selected cases at any one time. While it is always Mr. Stewart’s goal to settle every case at Mediation, after a Mediation is concluded, if an impasse is reached, Mr. Stewart always makes himself available to assist the parties in subsequent negotiations too help bring the case to a conclusion. As a result, the parties often request that Mr. Stewart be brought back into the case to continue negotiations by telephone. Mr. Stewart has been extremely successful in his follow-up negotiations and resolution of these cases, post-Mediation. As Mr. Stewart has Mediated and Arbitrated approximately 2000 cases, it is impossible to list each one. The following are examples of the types of cases Mediated and Arbitrated by Mr. Stewart over the past two years. Medical Malpractice: Brain Damaged Baby at Delivery Stroke because taken off of Medication Wrongful death due to Sepsis Wrongful death of Baby after Delivery Wrongful death – Failure to Diagnose Breast Cancer Wrongful death due to Allergic Reaction Wrongful death due to Deep Vein Thrombosis Retinal Detachment due to Surgery Brain Damaged Baby due to Fetal Distress/Subdural Hematoma at Delivery Wrongful death during Surgery Wrongful death during Surgery – failure to give Cardiac Meds Failure to Diagnose Macula Tear Hearing Loss due to Nerve Injury from Irrigation Wrongful death – Failure to Monitor Wrongful death – Failure to Diagnose Meningitis Wrongful death – Misread EKG Lap Sponge Retention Lack of informed Consent Wrongful death – Failure to Treat Septic Shock Failure to Diagnose and Treat Infection Failure to give Medication Retained Lap Pad Dislocation of Shoulder during Surgery Wrongful death – Baby - ER – Failure to Diagnose Delay in Diagnosis of Cancer Improper Surgery - Pubo-vaginal Sling Wrongful death - Failure to use Restraints Wrongful death – Failure to Diagnose Colon Cancer Failure to Diagnose Fracture Wrongful death – Child in Protective Custody Wrongful death – During /Surgery Failure to Diagnose Breast Cancer Failure to Diagnose Infection
Dental Malpractice: Nerve injury due to injection Bilateral Nerve injury Broken file in sinus cavity Removal of Wrong Tooth Failure to Diagnose Tumor
Nursing Home Malpractice: Wrongful death due to Sepsis Fall - Fractured Hip/Surgery Wrongful death – Fall from Chair Decubitis Ulcer Fall from Bed Wrongful death due to urosepsis/pneumonia Wrongful death due to Loss of Blood From Shunt Wrongful death due to Sepsis from Ulcer Wrongful death – Fall from Bed – Subdural Hematoma
Defamation/Slander Newspaper Employer
Legal Malpractice: AnteLitem Notice EEOC
Labor/Employment: Hostile Environment Constructive Termination Wrongful Termination Defamation/Slander Negligent Security - Independent Contractor
FELA: Fall – Knee Trench Collapse
Home Owner’s Liability: Dog Bite Eviction Trip & Fall on stairs Fall in Hole in Yard
School Negligence: Failure to Supervise – Dog Bite Child on Child Molestation Dangerous Toys
Products Liability: Improperly designed protective jacket Deck Collapse Wrongful Death - Gas Leak Defective Amusement Ride Lift Gate Collapsed
Restaurants: Food Poisoning Flaming Drink Thrown on Customer Employee knocked customer to floor Employee Struck Customer
Business Disputes/Contracts: Contract Advertising Dispute Discrimination/Defamation Collection on Account (3 Arbitrations) Commissions Owed (Arbitration) Open Account Breach of Contract, Fraud, Misrepresentation & Punitives Partnership Dissolution
Insurance Coverage Issues: Indemnification Agreement (2 Mediations) Wrongful death – Contract Indemnification Insurance Subrogation – Property Damage
Construction/Real Estate: Loss of Value of Lake Property Negligent Work by Builder Easement Negligent Soil Testing Water Runoff Negligent Grading of Property Fraud in Sale of Burial Plot Negligent Grouting – Foundation Unaware of Temporary Access Agreement Contract Dispute Contract Dispute (Arbitration – Contractor Charges) Fall from Second Floor of Home Under Construction Wrongful death – Improper Construction Signage
Premises Liability: Apartments/Hotels/Motels: Collapsed Deck at Apt. complex Mirror fell off wall Defective Sprinkler System Defective Fire Extinguisher Rape/Assault – Failure to have interior Bolt Rape/Assault – Failure to Change Lock/Key Apt. Bathroom floor collapsed Rape/Assault – Negligent Security Grab Bar in Bathroom Pulled out of Wall Wrongful death of Child – Defective Pool Gate Lock Failure to Warn – Assault Fall - Depression in Walkway
Retail Stores/Stations/Restaurants/Offices: Battery/False Arrest/False Imprisonment Security Gate Fell Elevator fell Unlevel Elevator False Arrest Trip/Fall - broken tile on floor Slip/Fall - Water on Floor Defective Garage Door Fell – Brain Damage Slip/Fall - Water on Floor – Epidurals Wrongful death – Caught in Electric Door Wallboard Fell Off Wall – Head Injuries Sliding Door Closed & Fractured Leg & Wrist Ladder Failed – Confined to Wheelchair Slip/Fall on Black Ice Trip/Fall – uneven tile on floor Negligent Hiring Slip & Fall – Grape on Floor Strangulation while being sudued Slip/Fall on Black Ice – Sprinkler Leak Merchandise Fell off Shelf & Struck Customer Slip & Fall – Bird seed on Floor
Motor Vehicle Liability : Guest Passenger Wrongful death – Passenger Passenger - scarring Auto hit Cow Rear end – Neck/Back Rear End – Scars Rear End – on Phone – 2 HNP’s Rear End – Neck/Back/Fractured Ribs Rear-end – Shoulder Surgery Rear-end – 4 Fusions Rear-end – Neck, Back & Carpal Tunnel Rear-end Collision – Diminished Capacity to Earn Rear-end Collision – Neck/Back Load shifted & turned truck over Tractor Trailer Rear end SUV – Epidural Wrongful Death - Tractor Trailer Tractor Trailer T–bone Collision Wrongful death – Tractor Trailer Tractor Trailer – Back/Epidurals Tractor Trailer – Organic Brain Damage Tractor-Trailer Jack-knifed – Head-on Tractor Trailer Rear-end – 10 Surgeries /Fusions Tractor Trailer – Aortic Tears Tractor Trailer - Failure to Yield - 2 Level Cervical Fusions Intersection - Neck/Back Intersection – HNP Pedestrian – Back Low Speed – Back “Road Rage” Head-on – Fractured hip, scarring Head-on – Brain Damage T-bone Collision - Neck/Back T-bone – TMJ Injury Broadside - Neck/Back Failure to yield – Neck, knee Failure to yield – Carpal Tunnel Failure to yield – T-Bone –DUI Plaintiff Verdict on Appeal Stop Sign – Neck Fusion/Scars Wrongful death – Improper Construction Signage Left Turn – Closed Head Injury Material Fell Off Truck – Fractured Pelvis 1 Car Crash – Passenger - Amputation Truck hit Bicycle – De-gloving Leg – Grafts
The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Copyright © 2008 by James G. Stewart, P.C. Mediation, Arbitration. All rights reserved. You may reproduce materials available at this site for your own personal use and for non-commercial distribution. All copies must include this copyright statement.
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