Issue link: http://read.uberflip.com/i/326847
is at fault or not at fault, but to get the parties to agree on an amount of money that can resolve the case. One key factor in reaching resolution is the cost of moving forward with the continued litigation. If the rink is being defended by an insurance company, under the terms of the insurance policy, the insurance company will have primary and possibly sole authority to decide whether or not to settle the case. The rink's counsel will have evaluated the case from a liability and damages standpoint and should have a general idea of where a reasonable settlement would be for the matter. More than 95 percent of cases settle before trial. TRIAL If a resolution of the case by settlement is not achievable, the case will proceed to trial. Most likely there will be a jury trial, but it could also be a trial before only a judge. Depending on the complexity of the case and the number of parties, a trial could last anywhere from a few days to several months and you may or may not be required to be present for the entire trial. Even though the case has reached the trial stage, settlement is still possible. Settlement can occur at any time during the life of a case and oftentimes parties will be more motivated to settle on the eve of trial or at the beginning of trial after certain testimony has been made to the jury. CONCLUSION If the rink is sued, it is important that you immediately forward whatever documents you are served with to the rink's attorney, insurance agent and/or insurance carrier so that steps can immediately be taken to protect its rights and interests. Being sued is not a pleasant experience, but by being engaged and providing the rink's attorney and insurance carrier with accurate information, they will be able to properly defend you and reach a resolution of the case as soon as possible. J Paul W. Smigliani is a partner at Munro Smigliani & Jordan LLP, a civil litigation firm specializing in multiple areas including insurance litigation and coverage and sports and recreation law. Paul is admitted to practice in California and Arizona. Paul is also a USA Hockey Certified Level 4 Coach with the San Diego Jr. Gulls Bantam AAA team. Any questions about this article can be directed to psmigliani@msjlaw.com. STARRINKS.COM MAY.JUNE.2014 / 33