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Partial Summary Judgment on Key Legal Issues Yields Favorable Settlement for Nominal Amount in Federal Products Liability and Negligence Case

Stuart Poage, of the Tallahassee office, obtained a partial summary judgment on key legal issues and, as a result, obtained a favorable settlement for a nominal amount in a products liability and negligence case brought in federal court. The Plaintiff filed the products liability and negligence claim after he cut his hand on a glass block, causing permanent nerve damage. The case was removed to federal court based on diversity of citizenship. Stuart served a strategic proposal for settlement in an effort to avoid litigation expenses and the uncertainty of trial. In addition, after having Plaintiff evaluated by a neurologist in San Diego (where Plaintiff had moved), Stuart prepared a motion for summary judgment on the issues of past and future lost income/earning capacity and future medical expenses, as Plaintiff had no evidence to support those claims. The federal judge agreed and granted the partial summary judgment as to those issues, thereby limiting Plaintiff to claiming his past medical expenses, which were small in comparison to his other claims. Faced with increasing travel and trial preparation costs, and the fact that the defense proposal for settlement had expired (meaning the defense would recover fees and costs if it prevailed), Plaintiff agreed to settle his claims for a very nominal amount to avoid a potential personal judgment against him for the payment of defense costs and fees after verdict.

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