Successful Verdict For Defendant Product Manufacturer
May 2, 2007
Bob Gilmartin and Greg Aimonette received a verdict in favor of our client, defendant Intermatic, Inc. Plaintiff State Farm Insurance Company, as subrogee of a homeowner and vehicle owners, alleged that an Intermatic power pack caused a fire and related real and personal property losses.
Plaintiff theorized that certain warnings were required, but not given. A Chicago fire department investigator testified that the fire could have been caused by the product. Plaintiff’s expert electrical engineer testified that warnings regarding the risk of fire should have been given to the consumer who had to make an important electrical connection where plaintiff theorized the fire started.
Bob and Greg adduced evidence that the investigator had not ruled out other possible causes and got the homeowner to admit that he was a sophisticated user who neither read instructions, nor needed a risk of fire warning.
The jury deliberated 34 minutes before returning a verdict in favor of Bob and Greg’s manufacturer.
This trial victory followed two other successful outcomes where subrogated property insurers were convinced to dismiss their lawsuits after Bob and Greg identified evidence during the discovery process that disproved the insurer’s theory of causation.
