Food & Agriculture

Businesses within food and agricultural industries frequently face operational challenges (including formation, acquisitions), which can lead the company into litigation. Our attorneys are experienced handling matters ranging from manufacturing and corporate governance to real estate concerns and, when necessary, litigation.

Working with our clients, we deliver practical legal advice that can help protect assets and reduce the risk of litigation expenses. Our attorneys realize entities in this industry must leverage their expertise and competitive advantages to succeed, while ensuring legal or regulatory matters do not become a stumbling block to their success.

Our Food and Agriculture practice serves as trusted advisors to clients and has successfully tried cases on behalf of clients, such as marketing cooperatives, restaurants and franchise owners.

Significant Cases

Red Mountain West Properties et al. adv. Wright
Plaintiff claims he tripped on a broken curb resulting in a femur fracture. Plaintiff alleged $80,000 in medical specials related to the treatment of his femur fracture. Defendants claimed the curb was not broken and was painted red because it was in a fire lane. The case settled for $4,000.

LA Fitness Sports Clubs, LLC adv. Farney
Plaintiffs’ son, a college athlete, collapsed on the basketball court and later died of cardiac arrest. Plaintiffs claimed LA Fitness’ failure to use the AED on the decedent deprived him of his chance to survive his sudden cardiac arrest. The U.S. District Court for the District of Arizona granted our Motion for Summary Judgment, and the case was resolved in its entirety in favor of the client, LA Fitness.

Trials

Viestenz/Marana Health adv. Szigeti
After successfully winning a motion to bifurcate, we had a two-day jury trial in this matter. The basis for Plaintiff’s claim was that she was ejected from her wheelchair after our insured was required to brake aggressively to avoid a phantom driver. Plaintiff landed on the floor of the transport van and fractured her left ankle. Based on the evidence, we successfully argued that our insured properly buckled Plaintiff into her wheelchair and acted reasonably when he braked to avoid the phantom driver.

LA Fitness Sports Clubs and Brunswick Inc. adv. Pellegrini
Plaintiff alleged the lower back exercise machine he was using collapsed, causing him to fall off the back and land on his head. He was temporarily rendered a quadriplegic and, at the time of trial, had healed to the point that he was tetraparetic (marked lack of control and weakness in all four extremities). Plaintiff was 60 years old at the time of the incident. He earned over $100,000 a year as a computer hardware technician. LA Fitness successfully argued, with the assistance of biomechanical and mechanical engineers, that user error was the only cause of Plaintiff’s injuries. In a 30-minute deliberation at the close of the 16-day jury trial, the jury rendered a unanimous defense verdict for both Defendants.

International Hot Boat Association, et al. adv. Neuharth
RCDM obtained a defense verdict after a four-week trial.

Sunbelt Rentals Inc. et al. adv. Pribble
Alan Pribble claimed an accident caused by Sunbelt Rentals caused driver Jose Gonzalez to cross the median, enter oncoming traffic and strike Mr. Pribble, rendering him a quadriplegic. RCDM obtained a defense verdict for Sunbelt Rentals after an eight-day trial.