Big Defense Wins of 2009 - Cases of Note

Plaintiff served freebies at bar because he's a local, he claimed

Plaintiff claimed bartenders overserved him before he crashed his motorcycle. He said they gave him free drinks that night because he's a regular. Defense argued his tab clearly showed he wasn't overserved that night.

VIEW THE FULL CASE Acevedo v. Holmdel Food LLC
Dram Shop - New Jersey

Executive fired after accusing boss of extortion

Plaintiff claimed termination was without cause. Employer argued he was an at-will employee.

VIEW THE FULL CASE Fazio v. Temporary Excellence Inc.
Employment - New Jersey

Dietary meds led to fatal hypertension, suit alleged

Plaintiff claimed doctor prescribed improper regimens of medication. Defense argued prescription was not cause of death.

VIEW THE FULL CASE Grasso v. Koslowe
Medical Malpractice - New York

Psych patient wandered to death after hospital discharge

Family claimed doctor failed to properly discharge schizophrenic patient. Doctor argued that he acted appropriately and placed the blame on the discharge nurse.

VIEW THE FULL CASE Estate of Henderson v. North General Hospital
Medical Malpractice - New York

Patient suffered from rare kidney stone obstruction, defense argued

Plaintiff claimed doctors were to blame for a delayed diagnosis.

VIEW THE FULL CASE Strong v. Memorial Hospital West
Medical Malpractice - Florida

Defense argued cyclist made fatal U-turn in front of vehicle

Plaintiff's counsel argued that defendant driver drifted into bike lane and struck plaintiff. The driver claimed it was the bicyclist who rode into his car.

VIEW THE FULL CASE Estate of Smith v. Lucien
Motor Vehicle - California

Teen fell near bus, wasn't struck, defense contended

Defense argued that the plaintiff, who was wearing flip-flops, fell while running after departing school bus, and a witness agreed.

VIEW THE FULL CASE Strassner v. Garden City Union Free School District
Motor Vehicle - New York

Wound from bullet ricochet was a rare occurrence: defense

A woman was watching her boyfriend shoot a firearm at an indoor range when a bullet ricocheted and struck her forehead. The range claimed it did everything it could to protect patrons, and this was a unique occurrence, considering 7 million bullets had been fired there without incident.

VIEW THE FULL CASE Kim v. The Firing Line
Premises Liability - Pennsylvania

Ski resort manager injured in snowmaking mishap

When checking the main line to a snowmaking machine, it exploded and its metal hydrant struck the plaintiff, who blamed the valve manufacturer. The defense argued poor maintenance and failure to follow procedure.

VIEW THE FULL CASE Turner v. Northern Indiana Brass Co.
Products Liability - California

Hindu family alleged funeral home forgot to disclose Catholics-only rule

Cemetary denied burial to Hindu family because it only allows those of the Catholic faith. The family claimed the funeral home never asked if the decedent was Catholic, which the home denied.

VIEW THE FULL CASE Brijall v. R. G. Ortiz Funeral Home Inc.
Professional Negligence - New York

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