Partners Ritchie & Zidek Got Late Call and Pulled Out a Victory
February 15, 2007
Clausen Miller partners P. Scott Ritchie and Michael Zidek were called late in December to take over a case scheduled for trial in only five weeks. The case involved a woman who claimed she was severely injured when a purported malfunctioning hydraulic door closer caused the heavy wooden door of the restaurant she was entering to slam on her back and foot. She obtained treatment from 18 different medical providers.
After a review of the voluminous file materials. Scott and Mike established a schedule to review the deposition testimony and interview the witnesses, meet the previously selected experts, and simultaneously prepare motions in limine and jury instructions. While the strategy of the previous counsel had been to admit liability and argue damages, Scott and Mike presented an alternate defense plan to the client: not only contest liability, but ask for leave to file an affirmative defense of contributory negligence. After they received leave to file the affirmative defense, Mike and Scott immediately withdrew the previous offer of $600,000 and completed their trial preparation.
At trial, the plaintiffs asked for $2,224,000 for past medical expenses of $128,000, pain and suffering and loss of consortium. After 2 hours of deliberation, the jurors returned a not guilty verdict and specifically rejected the plaintiffs' contentions of negligence. After the trial, several of the jurors complimented Scott and Mike on their preparation, their cross examination skills and the presentation of their final argument. The jurors specifically mentioned that they liked the succinct and concise direct and cross examinations Scott and Mike conducted.
Scott and Mike’s efforts demonstrated the ability of Clausen Miller attorneys and their support staff to respond quickly to new assignments, even when called to do so on the eve of trial.
