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Favorable Settlement in Construction Case.

Michelle M. Krone | May 19, 2017

Michelle M. Krone and Eric A. Fluharty, of the Ft. Myers office, obtained an outstanding settlement after aggressively defending a case and making it known to opposing counsel they were ready and willing to take the case to trial. Ultimately, they were able to turn a seven figure demand into a settlement on the eve of trial for the cost of taking the case to trial. Our client, a general contractor, constructing a sewer extension project, utilized a vibratory compactor during its work. Plaintiff alleged these vibrations caused structural and other damage to their historic home, but later morphed the case into a theory that a combination of construction operations caused the damage, including operations at the staging area and utility construction operations. The Plaintiff also made a claim for punitive damages which was also aggressively opposed and ultimately stricken. When the Plaintiff realized Michelle and Eric were prepared for trial, and that there were several viable Fabre defendants for the verdict form, Plaintiff dismissed the punitive damages claims and filed a last minute Motion for Continuance of the trial. Shortly thereafter, the court denied Plaintiff’s Motion and Michelle and Eric were able to settle the case.

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