Successful Settlement Immediately Prior To Jury Selection
August 23, 2017
Patton & Ryan recently jumped into a case, which ultimately led to a successful and almost unprecedented result in a paraplegic, products liability case. Following numerous favorable rulings on motions in limine, prepared by Patton & Ryan, Plaintiff’s counsel repeatedly dropped their demand and negotiated with themselves while the prospective jurors awaited assignment. Fully prepared to proceed to verdict, Plaintiff’s demand became too good for Patton & Ryan’s client to pass by.
Plaintiff alleged that while building a garage, for another company, a board he barely stepped on broke due to a manufacturing defect. Plaintiff fell approximately 9 feet breaking his back, rendering him a paraplegic.
Patton & Ryan was brought in immediately following the denial of Defendants’ Motion for Summary Judgment. In meticulously assessing the case, with its Defendants expert witness disclosures looming, it became obvious that there was a dispute as to how Plaintiff’s accident occurred. Although experts had already been retained by Defendants primary counsel and were ready to be disclosed, Patton & Ryan could not look past the need for an additional expert.
With the many apparent holes and suspiciousness as to how Plaintiff’s accident occurred, Patton & Ryan hired a bio-mechanical expert to evaluate whether Plaintiff’s injuries could have occurred as he had alleged.
Following his review, Defendants’ bio-mechanical expert opined that there was no evidence to support that the board broke and that Plaintiff could have fallen the way he claims to sustain his injuries.
In an effort to uncomplicate the highly technical aspects of the case, Patton & Ryan prepared extensive Motions in Limine to bar Plaintiff’s products liability allegations against Defendants operating and manufacturing process, and was ultimately successful. Following settlement, the presiding judge was highly complimentary of the motions prepared by Patton & Ryan.
There is no question that the retention of the bio-mechanical expert and the motions in limine prepared by Patton & Ryan ultimately led to the settlement of a mere 10% of Plaintiff’s original demand against the Defendants.