Patton & Ryan Defeat Wrongful Death Case on Dispositive Motion
Estate of Neill v Steel Master Transfer, Inc. et al
Macomb County Circuit Court, Michigan
“He defends what you plead, not what you guess…” so observed the trial judge to plaintiff’s counsel on Patton & Ryan partner, Chip Boyle’s, Motion for Summary Disposition in a Michigan, product liability, wrongful death case. The trial judge thereafter issued a written opinion granting the product manufacturer’s motion, and, in a later ruling on entry of Judgment for the defense, taxed costs and sanctions in excess of $53,000.00 against the Plaintiff Estate.
The case arose out of a workplace injury. The decedent, an experienced Ford Motor Company millwright, was supervising the unloading of a curtain side, flat bed trailer containing a quantity of conveyor sections manufactured by Mr. Boyle’s client. In the process of unloading, one piece toppled off of the trailer bed and crushed Mr. Neill. His death was instantaneous. His Estate brought suit against the product manufacturer and the trucking company, alleging negligence in packaging, loading, transporting and delivery of the machinery. In order to avoid the product liability tort reform caps in Michigan, the Estate’s attorney was less than specific as to pleading the claims asserted. Once extended discovery had closed, Mr. Boyle filed a dispositive motion citing the absence of testimony on the critically important issues as framed by the pleadings of record. Plaintiff responded with the usual “notice pleading” arguments and requested an opportunity to amend. After reviewing the testimony meticulously cited by the defense, and after noting that Mr. Boyle had continuously objected to taking testimony on issues not within the pleadings, the trial judge found no support for the allegations within the testimonial record, and since discovery had closed, denied the request to amend. Since the Estate had rejected a legitimate Offer of Judgment filed early in the case, and upon Mr. Boyle’s request, the trial judge also implemented the sanctions section of the court rule and taxed all costs as well as an actual and reasonable hourly attorney fee.
Trial and preparation of large exposure, complex cases require aggressive attention to detail, as well as the ability to compare pleadings to proofs in the most discerning way. Patton & Ryan trial lawyers exercise and implement these skills daily – and the proof of that proposition is another exonerated, high-profile client.