Lewis, Giliberti & Goldberg Victorious in Product Liability CaseJune 8, 2016 |
Shari Lewis, Frank Giliberti and Seth Goldberg achieved an impressive victory in a large product liability case venued in the United States District Court in Des Moines Iowa. It initially appeared that liability was a “sure thing” since it was impossible to dispute that the client’s alleged product had broken and caused substantial property damage. Through their hard work with the witnesses and experts, the team identified several key issues concerning both product identification and the cause of the product’s fracture. The Court dismissed four causes of action on summary judgement. The motion also put plaintiff on notice as to the difficult and expensive trial it was facing on the remaining causes of action. Rather than risk losing everything and incur additional costs, the plaintiff settled for less than a quarter of the damages it had claimed. The result was particularly important because it was the second such claim brought by this plaintiff against our client and one of a handful concerning the same product.