Seven-Figure Settlement Secured Following a Dispositive Motion Based Upon Spoliation Allegations
This case involved a fire originating in an electrical monitoring/meter box (a.k.a current transformer (CT) cabinet) servicing a commercial building in New York. White and Williams filed suit against the electric contractor that installed the CT cabinet. The electrical contractor filed third-party complaints against the local power company and the third-party electrical inspection company. After the parties engaged in extensive discovery, the electrical contractor filed a Motion for Summary Judgment that argued that the plaintiff’s experts’ opinions were insufficient and that the case should be dismissed as a spoliation sanction because the plaintiff’s experts failed to preserve a furnace burner assembly that the defendant alleged could have been the cause of the fire.
Following a lengthy process of briefing and arguing the issues, White and Williams attorneys Karon Martin and Bill Doerler defeated the electrical contractor’s Motion. After responding to a number of contentious pre-trial filings that, again, addressed the sufficiency of plaintiff’s experts’ reports and the purported spoliation of evidence, Karon Martin successfully negotiated a seven-figure settlement with the defendants.