| Volume 16 Number 11 | Spring 2002 |
EVEN THE SMALL CASES MATTER WHEN IT COMES TO THWARTING FRIVOLOUS LITIGATIONOn July 29, 2002, a carrier forwarded a Special Civil Part matter to our office for handling. The plaintiff alleged that she was cut on the heel while she was receiving a pedicure by an employee of the defendant/insured, a Nail Salon.- Plaintiff stated that she had paid $15.00 in advance for the pedicure and when she complained about the injury, the nail salon refused to refund her money. Plaintiff also alleged that on February 25, 2002, she went to her doctor's office for treatment of this injury. When the insured salon refused to settle this claim with plaintiff, she filed a Special Civil Part Complaint in Essex County demanding $2,500 from the insured for the injuries she sustained, seeking reimbursement for payment of services, doctor's costs, lost wages and pain and suffering. At first blush it may have appeared that this should be a matter that would be more economically resolved by settlement for nuisance value rather than incurring discovery costs and litigation expenses. Upon receipt and review of the file materials, I contacted the plaintiff directly to request that she forward to my attention copies of any and all medical bills relating to her alleged injury so that I may review the bills and attempt to assess this matter for settlement purposes. Plaintiff complied and forwarded to my attention a work status report, a billing invoice from her doctor's office in the amount of $235, and a prescription from her doctor's office dated March 14, 2002. Upon receipt of the medical documentation forwarded by the plaintiff, I contacted her physician's office to inquire if the medical invoice had been paid or if there was a balance outstanding. It was at that time that I learned that plaintiff was never seen by this doctor's office on the two dates indicated on the billing invoice of February 25, 2002 and March 1, 2002. The work status report which was provided to me by the plaintiff dated February 25, 2002, indicated that she was seen at the doctor's office on February 25, 2002 and was diagnosed with "fungal heel pain and heel infection and that she was to continue with her medication of Naprosyn which was prescribed. The work status order also indicated that she return to work on light duty on March 6, 2002. When I |
GRSLL&B 12TH ANNUAL GOLF OUTINGOn May 8, 2003 Golden, Rothschild, Spagnola, Lundell, Levitt & Boylan, P.C. held their Annual Golf Outing for clients and friends of the firm at Fiddler's Elbow Country Club. As in the past, the outing featured a Charity Hole-inOne Contest. This year's contest was held for the benefit of the Shannon Daley Memorial Fund which was established in 2002. The Charity's mission is to financially assist local residents experiencing financial hardship due to the serious illness or death of a child. The Charity is named for a league member's infant daughter who died of a rare heart disease.  Photo: from left to right: Ronald Levitt , Tom Daley, (Shannon Daley Memorial Fund), Jim Johnson, (Shannon Daley Memorial Fund), Tom Byrne, (Shannon Daley Memorial Fund), Robert Golden, Kenneth Rothschild, Gary Spagnola, Philip Lundell, Jr., Richard Boylan, Philip Garubo, Jr. |