October 24, 2024
ShareKelley Kronenberg Secures Summary Judgment in $10 Million Product Liability Case
In a significant victory for the defense, Partner Lara Weems Rezapour of Kelley Kronenberg’s General Liability and Third-Party Insurance Defense Division successfully secured a dismissal in a high-stakes product liability case. The matter, heard before Judge Swenson in Lake County, centered on claims of strict product liability and negligence. The case carried substantial weight, with Plaintiff’s counsel valuing the claim at approximately $10 million.
The litigation arose from an incident resulting in Plaintiff’s leg being amputated, which Plaintiff attributed to Defendant’s negligence and alleged faulty product. However, Defendant maintained that Plaintiff’s own negligence was the root cause of his injury.
After two years of vigorous litigation, Lara moved for summary judgment, arguing that Plaintiff had failed to meet the burden of proof required under the new summary judgment standard. Coupled with an expired and early defensive Proposal for Settlement, this move proved decisive.
The Court’s decision hinged on Plaintiff’s inability to demonstrate, throughout the extended litigation process, that they were entitled to recovery from Defendant. The legal analysis emphasized that the burden of proof rested squarely on Plaintiff to establish either Defendant’s negligence or the faulty creation of the product in question. Plaintiff’s failure to meet this burden ultimately led to the case’s dismissal.
To learn more about how Kelley Kronenberg’s General Liability and Third-Party Insurance Defense Division leverages strategic motions practice and in-depth legal analysis to secure favorable outcomes under evolving summary judgment standards, click here.
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