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Defense Verdict in a Products Liability Case

Valerie Dondero and Nicole Wulwick, of the Miami office, obtained a defense verdict in a heavily litigated two week products liability trial against a prominent plaintiff’s counsel. Plaintiff filed a multi-count complaint asserting theories of strict liability, failure to warn of latent defects, breach of contract, negligence and violations of various State and Federal statutes. Plaintiff alleged the Defendant sold it a toxic wood preservative treatment without the required Restricted Use Pesticide license and Plaintiff’s 10,000 square foot resort required a complete demolition and rebuild caused by application of the pesticide to wood used in the construction of the resort. Valerie and Nicole successfully obtained a directed verdict on the strict liability and failure to warn counts and presented evidence through their toxicologist expert that no actual harm to the resort had occurred. Valerie and Nicole also obtained a significant limitation on the Plaintiff’s expert toxicologist’s scope of testimony in a pre-trial Daubert challenge and had many of Plaintiff’s damages claims limited or struck during trial. In less than two hours, the jury returned a complete defense verdict on the remaining counts.

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