Houston Trial Team Secures Take-Nothing Judgment in Complex Products Liability Case

Background

The suit stemmed from an incident where the plaintiff fell 80–100 feet while performing maintenance work on a cell tower in Milwaukee. Plaintiff alleged our client-manufactured cable grab (designed to help secure him to the tower) failed because it was defective, causing his injuries. The plaintiff claims that during his fall, he reflexively grabbed the device handle, which prevented it from locking and arresting his fall—known in the safety industry as a “panic grab.” He further argued that this design flaw rendered the device unreasonably dangerous, and that our client should have foreseen and addressed this risk. He sought $30 million in damages and refused a settlement amount, pushing for trial.

Negligent Use of Device Impacts Determination of Fault

The Thompson Coe trial team, along with co-counsel from Wisconsin and Minnesota, spent 12 days presenting our client’s defense. The case featured contested accounts from multiple design experts and was further complicated by glaring unknowns regarding what factually had occurred. Steve handled the jury-charge conference and motion for judgment as a matter of law, fighting to limit the claims submitted to the jury. Our team believed and argued that the plaintiff was negligent in his use of the cable. Zandra explained to the jury during opening statements and closing arguments that the unknowns must be held against plaintiff because he has the burden of proof and that, if the accident occurred as plaintiff claimed, then he was significantly at fault himself.

The jury agreed with the defense and placed 80% responsibility of the accident on the plaintiff, entitling our client to a take-nothing judgment.

The Thompson Coe trial team included Houston partner Andrew Johnson, who was recently elected to the 1st Court of Appeals and will join the bench in January 2025.