Led by partner Alicia Kennon and senior associate Illise Schulman, Wood Smith Henning & Berman successfully obtained a defense judgment in favor of its clients following a two-day court trial involving allegations of professional negligence in the preparation, administration, and management of a residential fumigation.
The case arose when the plaintiff, a neighboring homeowner, alleged that his indoor/outdoor cat died as a result of the fumigation and sought to hold the firm's clients liable under theories of public nuisance, negligence, and negligence per se. Notably, the public nuisance claim carried the potential for attorney's fees and additional damages beyond what is typically recoverable under California law for the death of a companion animal. Plaintiff's final pre-trial demand was $850,000.
Prior to trial, the defense secured a critical ruling during motions in limine, obtaining dismissal of the public nuisance claim for lack of standing on the grounds that plaintiff did not suffer a special injury distinct from the general public. This victory eliminated the risk of attorney's fees and expanded damages.
At trial, the plaintiff relied heavily on administrative violations cited against the clients for failure to register with and notify the County of Santa Cruz before commencing fumigation. These violations triggered the burden-shifting presumption of negligence under California Evidence Code section 669. The defense was therefore required to affirmatively demonstrate that the clients acted in a reasonably prudent manner under the circumstances and that the alleged violations were not the proximate cause of the cat's death.
Through effective cross-examination and evidentiary challenges, the defense excluded all of plaintiff's experts, rebutted plaintiff's res ipsa loquitor arguments, and persuaded the court that causation was not established. In a thorough and well-reasoned ruling, the court entered judgment in favor of the defense.
"This was a high-stakes case, not only because of the significant monetary demand but also due to the burden-shifting framework created by the negligence per se allegations," said Kennon. "Our team methodically dismantled the plaintiff's case, demonstrating both that our clients complied with the standard of care and that the statutory violations were irrelevant to causation."
Schulman added, "We are proud of the outcome and gratified that the court carefully considered the evidence. The ruling affirms that our clients acted reasonably and it brings closure to a matter that carried considerable risk."
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Experience the power of a proven industry leader in the law. Wood Smith Henning & Berman (WSHB) is renowned globally for our exceptional trial results and expertise in handling complex litigation. With our nationwide network of over 500 lawyers across 43 office locations, we are dedicated to providing comprehensive litigation and counsel to both public and private companies. From start-ups to Fortune 100 corporations, we deliver unrivaled legal representation that consistently achieves favorable outcomes for our clients.
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Our expansive geographic footprint allows us to provide effective and efficient representation to clients nationwide, regardless of their location, background, or legal expertise. By prioritizing strategic and cost-effective approaches to litigation, our dedicated attorneys work tirelessly to protect the interests of our clients. We have a track record of success, securing numerous victories such as summary judgments and defense verdicts on behalf of our clients. As a trial firm, we have taken over 2,000 cases to verdict, making us well-equipped to handle even the most complex and high-stakes litigation matters across the country.
