Four years ago, the Hard Rock Hotel collapsed. This week, the settlement talks begin.
Attorneys for the families of three construction workers killed in the
Coming nearly four years after the
According to attorneys involved in the process, this week's meetings represent the first face-to-face settlement talks between the two sides since the 18-story structure crumbled in
In the years since the collapse, roughly 135 lawsuits have been filed by or on behalf of 400 or so family members of deceased victims, injured construction workers, bystanders and nearby business owners. The collapse damaged property and shut down a major intersection in downtown
Named in the suits are the project's developers, 1031
This week's mediation was ordered in April by
Last fall, he appointed
Perry declined to comment on this week's mediation, which will be closed to all but an appointed committee of 13 attorneys representing the plaintiffs and another dozen or so attorneys representing the various defendants.
But attorneys involved in the case say it is an important step that signals both sides are working towards a resolution.
"While all the lawyers have been talking quite a bit, this is the first time there is total focus on attempting to resolve it," said
'A maze'
No immediate resolution is expected from the first round of mediation, a process that is expected to be long and complicated. That's in part because so many suits have been filed, each claiming harm or injury in different ways and to varying degrees.
Part of Perry's job will be to devise a formula determining how much each claimant should be paid based on the extent to which they were harmed by the disaster.
Before that can happen, Perry and the committee have to decide how many claims can go forward or be considered eligible for any future settlement. Court records show some cases have already been tossed out because their attorneys did not respond to requests for information.
Further complicating matters is the fact that some defendants in the case have also filed suits against each other.
"It is a maze," said attorney
Process moving forward
Another question Perry and the lawyers have to answer is how much money all the legitimate claimants are seeking.
So far, no single total dollar amount has been listed in court documents. Whatever the amount, it will likely exceed what the insurance companies are willing to pay, according to attorneys familiar with the case.
If the two sides cannot agree on a fair amount and a fair formula, the global settlement falls apart and the cases go to trial.
"Should the defense not pay what we think is fair, we are going to move this case as quickly as possible to trial," said
For now, all suits are on hold per a court order by Reese until the mediation process plays out. If and when a settlement is reached and approved by the judge, claimants can opt out of their share and continue to pursue their own lawsuits individually.
Still unresolved is the status of potential criminal charges related to the building collapse.
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