Our focus in the defense of product liability matters is to thoroughly assess the alleged injury or damages claimed by a plaintiff that cannot be substantiated through traditional discovery methods. All too often we find that interrogatory responses, deposition testimony, as well as the findings of physicians and expert witnesses are inaccurate as noted in the following case histories:
- Auto Manufacturer: After a low-speed collision, the plaintiff testified that nerve damage rendered him unable to lift anything heavier than 5 pounds, type on a computer keyboard, or sit for a protracted period of time. The plaintiff stated he was unable to return to his work as a stockbroker. The plaintiff testified to the above limitations and offered that he was unable to drive or travel.
Through investigation, the plaintiff was videotaped carrying wet bags of laundry up a flight of stairs on several occasions. Evidence was developed that he was indeed working as a stockbroker from his home and earned $325,000.00 during the prior year. He was also very active on social media and dating websites. It was additionally demonstrated that the plaintiff frequently took long commercial flights and was videotaped driving a vehicle he claimed he did not own. After a three-week trial, a unanimous defense verdict was rendered.
- Pharmaceutical Related Suicide: The surviving spouse of a 53-year-old decedent, who committed suicide with a handgun, brought a claim asserting that the suicide was directly related to the decedent’s use of an antidepressant drug. Through investigation it was determined that the decedent had attempted suicide in a similar manner at 16 years of age, decades before taking the drug. The claim was withdrawn.
- Motorcycle Manufacturer: After a motorcycle rider inexplicably veered off the road and plunged to his death, the decedent’s widow claimed the motorcycle belt drive failed, causing the accident. The decedent was cremated prior to an autopsy being completed. Our investigation independently identified several persons riding with the decedent prior to the accident, who testified that the decedent had been smoking marijuana and consuming beer one hour prior to his death.
- Economic Damages: The wife of a 46-year-old physician testified at deposition that her late husband’s medical practice was thriving and growing, which was substantiated by financial records. Her husband had been killed in a vehicle collision and subsequent fire. Through investigation, it was learned that 80% of her husband’s medical practice came from one contract, which was not going to be renewed by the client due to alleged improprieties.
Traditional discovery can at times provide a very limited picture. From degree of injury, to economic damages, to causation or misuse of a product, our investigative protocols provide evidence in mitigation that only investigation can provide.