Wood Smith Henning & Berman partner Keith Smith and senior associate Kylie Brousseau successfully obtained summary judgment on behalf of a public entity client, securing the complete dismissal of a wrongful death lawsuit. The case arose from a pedestrian accident involving a sheriff's deputy.
The lawsuit was filed by the decedent's parents after their daughter was fatally struck while walking in the roadway during the early morning hours. From the outset, the defense team conducted a thorough investigation, including taking the depositions of the investigating officers and eyewitnesses, and engaging accident reconstruction experts. The official traffic collision report concluded that the decedent was at fault for entering the roadway in dark conditions immediately before the collision and not using the sidewalk adjacent to the roadway. However, the lawsuit was still pursued by the plaintiffs.
The defense team served requests for admission on the plaintiffs. When no responses were provided, the team successfully moved to have the requests deemed admitted by the court, which was granted. Those admissions established key facts supporting the defense and formed the foundation of the motion for summary judgment. The defense team moved for summary judgment based upon the deemed admissions, resulting in the court granting the motion and dismissing the action in its entirety against the WSHB public entity client.
"This outcome demonstrates the value of combining a thorough factual investigation with a strategic litigation approach," said Smith. " By developing a strong evidentiary record and effectively leveraging the procedural rules, we positioned the case for complete dismissal."
The victory highlights the firm's ability to defend public entity clients in high-exposure wrongful death litigation through meticulous investigation, thoughtful motion practice, and disciplined case strategy.
"This case is a reminder that successful litigation requires both careful preparation and strategic execution," said Brousseau. "We are proud to have achieved a complete victory for our client."
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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.
