A catastrophic accident can create extraordinary litigation exposure. Establishing which parties actually bear responsibility requires a close examination of the facts. That examination proved decisive for Florida partners Ryan Schoeb and Zachary Williams, senior counsel Caitlin Reese and associate George Pinilla. This dynamic WSHB power team obtained a voluntary dismissal of all claims against a roadway construction company in a Palm Beach County catastrophic injury and wrongful death lawsuit.
The litigation arose from a motor vehicle accident in which an SUV left the roadway and overturned into a pond. Nine people, including six children, were killed, and a surviving occupant sustained significant injuries. The lawsuit involved claims on behalf of the ten individuals and presented the potential for a multimillion-dollar verdict.
The plaintiffs named multiple corporate defendants, alleging negligence in connection with the roadway construction project and required detours. As to the firm's client, they alleged it failed in its duty to exercise reasonable care in planning, implementing, supervising, inspecting, maintaining, and coordinating the work. The claims sought substantial damages arising from the deaths and injuries, including medical expenses, future care, lost earning capacity, and noneconomic losses.
From the outset, the defense team focused on a question fundamental to those allegations: Did the client control the construction work or the area where the accident occurred?
"The severity of this accident demanded a careful, disciplined investigation," said Schoeb. "We focused immediately on our client's actual role in the project and whether the allegations were supported by the evidence. That work gave us the factual foundation to seek an early dismissal."
The team reviewed police records and scene evidence and conducted detailed interviews with the client to establish its responsibilities and involvement. That investigation developed the factual basis for the defense's position that the company bore no responsibility for the accident.
Counsel then prepared an affidavit documenting the facts supporting that position and presented it to plaintiffs' counsel. After reviewing the affidavit, plaintiffs' counsel agreed to voluntarily dismiss all claims against the company, bringing the litigation against the client to a complete close.
"Early case assessment makes a practical difference when it produces evidence the other side can evaluate," said Williams. "By investigating the allegations promptly and documenting our client's role, we obtained a resolution before the company faced the expense of expert discovery, dispositive motions, and trial preparation."
The result eliminated the client's exposure in the action and avoided the substantial costs of prolonged litigation. It also demonstrates the value of examining each defendant's actual involvement early in complex construction accident litigation, particularly when allegations of roadway negligence accompany catastrophic injuries and wrongful death claims.
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