News & Results: Catastrophic Injury

Early Dismissal Secured for Client Accused of Contributing to Drunk Driving Accident

A plaintiff who was incarcerated after driving while heavily intoxicated and causing a fatal collision sued Ware Jackson’s client that had worked on a project with the plaintiff’s employer. The plaintiff asserted claims of general and gross negligence, alleging that the client had contributed to causing his intoxication and the subsequent accident. The district court in Jefferson County, however, granted Ware Jackson’s motion to dismiss, which argued the plaintiff’s claims had no basis in fact or law because the client owed him no duty and did not cause the accident. Accordingly, all claims against the client were dismissed. The trial team included Paul Smith, Michelle Blair, and Jared Peloquin.

Early Dismissal Secured in Wrongful Death Case

Associates Jordan Parker and Jared Peloquin took the lead on researching, drafting, and arguing an early motion for summary judgment for Ware Jackson’s client in a wrongful death case in which the plaintiff alleged the condition of our client’s property posed an unreasonable risk of harm. No argument was necessary when the plaintiff voluntarily dismissed Ware Jackson’s client from the case shortly after the motion was filed. This proactive strategy eliminated our client’s litigation exposure and avoided the cost of extensive discovery and trial. Ware Jackson is proud to have talented associates like Jordan and Jared on board and looks forward to delivering more exceptional results for our clients in the future!

Premises Liability Claim Against Chemical Manufacturer Dismissed on Summary Judgment

A federal district court has granted summary judgment and dismissed a premises liability claim that sought over $10 million from a chemical manufacturer represented by Ware Jackson. The court held the plaintiff was injured because of decisions made by his employer, over which Ware Jackson’s client did not exercise control, and that the client had no knowledge of any dangerous condition on its premises. The court also granted Ware Jackson’s motion to exclude the plaintiff’s expert as unqualified to opine on the premises owner’s knowledge. The litigation team included Paul Smith, Michelle Blair, Margaret Bryant, and Simone Dawson.