In early 2016 we tried a case involving alleged breach of contract on behalf of the Duffs. The Duffs were the plaintiffs in the matter and we achieved a verdict in excess of our request in closing. I believe we were successful because we carefully showed, through documents and testimony, each of the elements of our case and allegations.
Defended insured in car accident case where insured rear-ended the plaintiff. Even though it was a case of clear and admitted liability, we obtained a defense verdict because we were able to prove that the plaintiff did not suffer any damages that were proximately caused by the accident, even though the plaintiff went to the hospital the same day as the accident. We did this through medical records, physician testimony and eyewitness testimony.
Claimant filed a claim asserting an injury to his shoulder and left wrist. Defendant, a trucking company, admitted the shoulder injury, but denied the compensability of the left wrist injury based on Claimant’s history of carpal tunnel syndrome. After convincing the authorized treating physician to reverse his opinion on causation, the Defendants prevailed before a Single Commissioner and were successful in limiting the claim to a single body part. Claimant filed an appeal with the Appellate Panel, which was denied. Claimant filed a further appeal with the SC Court of Appeals, which was subsequently dismissed. Our defense strategy was consistent from case assignment through the hearing and appeal.
We defended a large trucking company on a claim that was denied due to Plaintiff’s misrepresentations made on his employment application. During the course of post-hearing discovery, Plaintiff’s counsel produced multiple records previously not produced in the formal discovery process during the key expert’s deposition. Despite Defendant’s objection, the Deputy Commissioner allowed the documents into evidence. The claim was found to be compensable by the Industrial Commission. While the appeal to the NC Court of Appeals, the case settled for a reduced amount based on the legal arguments of counsel. Despite losing the claim at the Deputy Commissioner level, we were still able to utilize our timely objections as leverage to later achieve a favorable settlement for the Defendants.
Claimant filed a repetitive trauma claim alleging a back injury against the firm’s client, a nursing home. The claim was filed 13 days after our client’s purchase of the facility. After Defendants succeeded in adding the predecessor employer and carrier as parties to the claim, the case went to hearing. Following the hearing, we were asked to draft the Order establishing that the predecessor employer and its carrier were responsible for the claim. The losing employer appealed the Decision and Order, but was unsuccessful.
We defended a large international construction company on a claim alleging that the Plaintiff sustained permanent, catastrophic injuries to his lower extremities and internal organs and developed PTSD following a lightning strike. After deposing all of Plaintiff’s retained expert physicians, upon the advice of counsel, the Defendants took the position that Plaintiff had simply failed to meet his burden of proof on the numerous medical causation issues. The Deputy Commissioner agreed with Defendants, Plaintiff’s claim was denied, and the decision was affirmed on appeal to the Full Commission.
We defended a police department against claims of false arrest and gross negligence. At closing, the plaintiff sought $300,000 in damages. The trial resulted in a defense verdict for the police department.