Retained by the nation’s largest investor-owned natural gas utilities to complete trial preparations for its defense in a wrongful death case brought by the families of four decedents approximately 45 days before trial.
Based on our strategic assessment of the case, it became clear that the singular, dispositive issue in the case involved a crucial evidentiary question: Would evidence of a prior similar accident, at the same location, be admitted into evidence? If admitted, the jury would almost certainly find against the client on foreseeability and duty, thereby gutting its liability defense. We, therefore, focused significant pretrial efforts on crafting motions in limine specifically aimed at precluding the admission of this prior incident evidence.
With prospective jurors literally waiting outside in the courthouse hallway, the judge heard our evidentiary motions and granted them. Immediately thereafter, the plaintiffs relented and agreed to settle the case for nuisance value.