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Catastrophic/Excess Loss Team Parachutes In To Obtain Favorable Resolution for Construction Services Company

April 30, 2012

White and Williams' catastrophic/excess loss trial team successfully litigated a construction site matter to negotiated resolution at a sum less than half of the economic damages claimed.

Our team - consisting of Robert G. Devine, Michael W. Horner, Victor J. Zarrilli and Christopher P. Morgan - was retained by an excess insurer to represent the defendant, an international engineering/construction services company and its employee, only ten days before trial in Middlesex County with a $10 million demand. 

Within ten days, our team drafted and filed five motions in limine, retained five experts and served their reports (lifecare, economics, vocational, life expectancy and liability) and joined the subcontractor employer under a contractual indemnity claim. Summary judgment as to liability had been previously entered against our clients. 

The plaintiff-ironworker was alleging permanent cognitive deficits resulting from a traumatic brain injury when a knuckle boom crane struck him during work on a bridge project.    

On April 26, after four days of trial including challenges to plaintiff’s evidence, jury selection and vigorous cross-examination of the plaintiff’s treating neurologist by lead counsel Devine, the case settled for $1.5 million (partially structured). 

The case had been mediated before a retired Middlesex County judge only two months prior with a recommended settlement value of between $5 million and $7.5 million. 

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