SYNOPSES OF CASES WE HAVE DEFENDED

A Representative Sampling of our Work

We represented:
All the defendants in a case in which the plaintiffs alleged that excessive moisture conditions in their rental apartment created harmful mold which the apartment manager and owner failed to abate. The plaintiffs claimed that the exposure to mold caused coughing, headache, runny nose, fatigue, and other negative health effects for almost four years following the period of exposure. The trial was conducted over a four day period. On the defendants’ motion, plaintiff’s expert medical doctor was precluded from testifying because his diagnosis and treatment was not commonly accepted or recognized practice in the medical community. Following deliberations, the jury found in favor of the plaintiffs and awarded them a substantial sum. The defendants made a motion to set aside this verdict because there was a lack of evidentiary support for the verdict. The presiding judge agreed, stating that the effect of mold is not a subject within the purview of the lay person and, therefore, must be established through expert medical testimony. The presiding judge set the verdict aside and entered judgment for the defendants, granting the defendants their costs in defending against the plaintiffs’ claims.

A manufacturer of plastic pipe fittings. The plaintiffs alleged that a number of these fittings failed in a large apartment project requiring replacement at a cost in excess of $800,000. We worked hard at the very earliest stages of the litigation to take advantage of leverage that we could exert on the Plaintiffs and the co-defendants before discovery. We were able to resolve the matter in what we believe was the best interests of our client and the carrier. We had authority of up to $150,000, and we settled the case for a contribution of $110,000 (Our insurer only partially funded this settlement because of the involvement of another carrier). We were able to convince down-stream suppliers, who had sought indemnity from our insured, to contribute $45,000 to fund the total settlement. The early settlement saved the costs of a complicated and extensive discovery process involving eight other parties to the case.

The driver of a company car and the business where he was employed. The plaintiff alleged that he received a severe injury to his back during a collision with our client’s vehicle in which neither driver was ticketed and no complaints of injury were recorded at the scene. The plaintiff’s initial demand was $325,000; he was claiming medical bills of $76,299.80 and lost wages of $24,758.91, the total amount of damages was $101,058.71. We were first able to have the case against the place of employment dismissed because the defendant was not on the job, but was on the way home, at the time of the accident. We then determined through discovery that the plaintiff had a long history of back problems. During his deposition, the plaintiff’s surgeon was forced to admit that the procedure which he had performed was to repair a degenerative condition. The jury awarded the plaintiff $35,000.

The manufacturer of a space heater. The plaintiff claimed paralysis of her right arm while she was shopping. She was allegedly shocked by a defective space heater. She sued both the home-supply retail chain and the heating manufacturer. By deluding her doctor, the plaintiff was able to claim complete disability to her arm. We were able to capture the plaintiff on videotape performing many of the actions that she claimed she was unable to perform. The plaintiff’s attorney asked for and received permission to withdraw from the case. We requested dismissal of the case and sanctions against the plaintiff. Both requests were granted on the basis of the plaintiff’s demonstrated fraud. She was subsequently found guilty of fraud and perjury and was sentenced to four months in jail.

The driver of a car. The plaintiff driver alleged negligence and an intentional tort of assault and battery against our client after a rear end auto collision. The plaintiff complained of a lumbar strain/sprain and testified that he could no longer participate in marathons and that walking was painful. We were able to impeach the plaintiff’s testimony through evidence that the plaintiff had participated in Iron Man competitions and marathons in Florida. The jury awarded 0$ on the negligence count and $500 on the assault and battery count.

An engineering firm sued when the foundation of the wall of a large chicken processing plant failed when additions were being made to the plant. The suit sought damages in excess of $700,000. After discovery, we learned, without disclosure to the Plaintiff, that in the opinion of our own expert, the insured actually was at fault for some of the damages to the plant. We were able to lead the case to mediation, and successfully settled the case with our carrier only paying one-half the settlement amount.

The defendant in an underinsured motorist claim. The plaintiff was rear-ended by the defendant in a clear case of liability. However, the minimal property damage to the vehicle and the plaintiff’s actions at the accident scene made the plaintiff’s alleged medicals of $199,035.02, including $156,008.33 in medical expenses and $43,026.69 in lost wages appear suspect. We presented evidence to the jury of chronic medical problems significantly pre-dating the accident. The jury returned a verdict in favor of the defendant.

An engineering firm in a large multi-party action in federal court. The owners of a shopping center filed suit alleging that the center’s foundation was settling because of the use of “fly ash” fill material. The suit sought approximately $14 million dollars in damages. Taking the lead among some 10 other professionals and subcontractors, we sought and received dismissal of the lawsuit against our clients before being forced to engage in a very protracted and expensive discovery process. No monies were paid in settlement and the attorney’s fees and costs were very limited.

The defendant in a parking lot collision case. The insured was not following the lanes of travel while driving across a parking lot. The insured collided with the plaintiffs vehicle with clear liability on the defendant’s part. The plaintiff claimed traumatic brain injury with damages and future medicals in excess of $22,000.00. At trial, after cross-examination of the plaintiff’s medical expert, plaintiff’s counsel offered to dismiss the case with prejudice in return for payment of the plaintiff’s costs. We not only refused the offer, but inferred in our refusal that a fraud investigation might be in order. The plaintiff dismissed the case with prejudice; no additional costs were incurred by the insurer.

A manufacturer of an air climate control system for use in a City building. The system was alleged to be defective and the general contractor of the project repaired it and then filed suit against the manufacturer and others. The suit sought in excess of $2 million in damages. Prior to the discovery phase, which was going to involve over 40 depositions and a number of experts, we suggested mediation. The case ended up settling for a total of $200,000. Our carrier’s contribution was only $50,000. Once again, the case was resolved under very favorable terms and avoided the costs and fees involved with a lengthy discovery process.

We represented the driver of a car responsible for a rear-end collision. Liability was not an issue since the plaintiff was a passenger in the car that was struck and which subsequently collided with the car in front; the case solely involved damages. The plaintiff alleged permanent injury, pain and suffering, inconvenience and mental suffering resulting from a back injury and traumatic brain injury. His demand, including medical costs, future medical costs, lost wages and future lost wages, was $1,200,000. The defense offer of $225,000 to settle the case was rejected by the plaintiff. At trial the plaintiff’s claim for past and future wages was mitigated by testimony of his poor work history and earning future; his claim of post-accident depression was discounted by testimony of pre-accident depression and his claim of brain injury was discredited by the fact that no diagnostic tests were done to verify injury. Because we were able to undermine the plaintiff’s injury claims, the jury returned a verdict of $238,500.00 without interest.

A pool maintenance company. The plaintiff, a country club, alleged that due to the negligence of our client in not checking the ground-water valve, the club swimming pool was dislodged and rose out of the ground after a thunderstorm. They requested damages of $145,000 for repair of the pool and lost members. The defendant maintained that the valve was checked and functioning when the maintenance work was complete. We maintained that the damages resulted from an act of nature. A severe drought ended in a freak thunderstorm that dumped so much rain that the ground was unable to absorb it. Water absorption was aggravated by a parking lot that drained surface water under the pool. The standard valve was unable to accommodate such a unusual confluence of water and the pool rose from the ground. The plaintiff was unable to prove any loss of membership and decided to take the settlement offer of $65,000.