Following a motor vehicle accident, the Plaintiff brought their case to trial to determine liability between the Plaintiff and the City of Hamilton, after the City of Hamilton refused to engage in mediation or a meaningful settlement process.
The City’s failure to actively and genuinely participate in settlement discussions, responding with a significantly lower figure than the Plaintiff’s offer, led the Court to determine that the The City of Hamilton elected to pursue a strategy that hinged on exploiting the disparity in resources between a city and a private firm. This was aggravated by The City spending the summer of 2011 arguing over the amount of damages. Upon resolution of that issue, The City took up an argument for contributory negligence against the Plaintiff, of which the Court determined, they had little chance of success.
Without any serious settlement progress, the Plaintiff’s only remaining option was to move forward with a trial. This required extensive pre-trial preparation and cost control measures from the plaintiff’s counsel. The City’s strategy ultimately puzzled the Court, and The City was deemed liable for 100% of the agreed damages.
The plaintiff was awarded $60,000.00, nearly double the City’s original offer of $35,000.00.