Complex Litigation

March 31, 2014

The New York County Supreme Court granted summary judgment dismissing a suit for contribution and indemnification in a labor law and negligence action.  The plaintiff sought damages for personal injuries sustained when he tripped and fell at his work site following construction work that was done two days earlier.

March 27, 2014

A Binghamton, NY jury returned a defense verdict for Arctic Cat in a product liability case alleging that defects in a 2007 Arctic Cat Prowler caused the plaintiff to suffer severe leg fractures. Arctic Cat was represented by Christy Mennen of Nilan Johnson Lewis PA, in Minneapolis, and Jim Ughetta and Michael Bai of Littleton Joyce Ughetta Park & Kelly LLP in Purchase, NY and New York City, respectively.

The accident occurred when the plaintiff, a 51-year-old mother of three, allegedly overturned the side-by-side Recreational Off-Highway Vehicle (ROV) on a paved road when she swerved to avoid a protruding mailbox. Her leg was trapped beneath the vehicle.

The plaintiff’s liability expert, Syracuse University professor Lawrence Feer, asserted design claims but was precluded by Senior U.S. District Judge Thomas J. McAvoy on Daubert grounds. The case went to the jury on the allegation that Arctic Cat’s on-product labeling was defective for not warning against use on pavement. Arctic Cat called Dr. Allen Dorris to rebut the warnings claims.

The plaintiff also asserted that the selling dealership, Gander Mountain Company, was negligent for, inter alia, giving test drives on a paved lot. The jury rejected the claims against Gander Mountain.

The case, heard in U.S. District Court for the Northern District of New York, was captioned: Barbara Williams and Craig Williams, her husband, v. Arctic Cat, Inc., Arctic Cat, Arctic Cat Production, LLC, Arctic Cat Production Support, LLC, Arctic Cat Sales, Inc., Arctic Cat Shares Services, LLC, Gander Mountain Company, and Gander Direct Marketing Services, LLC.

March 26, 2014

The U.S. District Court, Eastern District of New York granted summary judgment dismissing a suit for commissions on two sales of medical imaging equipment. The plaintiff consulting firm sought commissions in connection with two sales.  Tracking Bryon’s arguments, the court’s 35 page opinion concluded that plaintiff’s deposition concessions confirmed that plaintiff did not fulfill the contract conditions to earn a commission and equitable relief was barred by the written contract.