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 oon 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. The jury deliberated for 30 minutes and returned a defense verdict. Thirty days before trial, Plaintiff demanded $3.0 million to settle the case.
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
The widow and children of the decedent, Michael Neuharth, brought a wrongful death action against a race promoter and sanctioning body and the drag boat racing venue alleging the race was operated under unsafe conditions and the lake was unsafe for racing because of hidden dangers. Defendants argued Plaintiffs’ decedent assumed the risk because drag boat racing was extremely dangerous. Plaintiffs’ decedent executed a release and waiver of liability prior to the race. 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. Co-defendant was found 100% at fault. Plaintiffs were awarded damages of $30,600,000.