Trial Successes
Favorable Verdict in North County San Diego Superior Court
David Molinari obtained a favorable judgment on behalf of our Client, a homeowner’s association, after a five day jury trial in North County San Diego Superior Court. This case involved a claim of continuing nuisance,…
David Molinari obtained a favorable judgment on behalf of our Client, a homeowner’s association, after a five day jury trial in North County San Diego Superior Court. This case involved a claim of continuing nuisance, involving water irrigation pumps located on our Client’s property. The Plaintiff, a neighboring landowner, claimed the pumps caused extreme noise while in operation and caused a loss of use relating to areas of his home. The Plaintiff sought damages and an injunction against our client’s use of the pumps. Both sides retained audio sound engineers that measured decibel readings when the pumps were in operation and recorded the ambient noise at the plaintiff’s property line when the pumps were in operation. Only the defense expert’s sound recording went to the jury, Plaintiff voluntarily did not introduce his recordings into evidence and Plaintiff’s expert did not submit their recordings or rely on the recordings to render opinions on Plaintiff’s behalf. The jury was instructed on what level of annoyance constitutes a nuisance under a “reasonable person standard.” Focusing on that standard, Mr. Molinari argued to the jury that they may use their own senses of sight and sound to see the location of the pumps, see the distance between the pumps and Plaintiff’s property and hear for themselves what, if any noise, was produced by the pumps and make a determination on the claim. The jury concluded a reasonable person would not have been annoyed and returned a defense verdict. The defense verdict allowed for the recovery of litigation costs incurred by our Client. This case went through our standard FMG roundtable process, conducted by our Trial Committee, which further supported this trial win and assisted in keeping the defense fees minimal.
More Successes
More Successes
Defense Verdict in Pennsylvania Bench Trial
FMG attorney James Mathew received a defense verdict on behalf of Domino’s. The plaintiff alleged that a Domino’s delivery truck collided with his car, causing noticeable damages including scratches and dents. Testimony established that the plaintiff originally…
Defense Verdict in Case Alleging Race Discrimination and Retaliation
FMG attorney Jennifer Markowski obtained a defense verdict on behalf of a car dealership and its owners who were accused of creating a race-based hostile work environment and retaliating against the plaintiff, a salesperson, for complaining. The…
Defense Verdict in Defamation Case
After a weeklong jury trial, FMG attorneys Jennifer Markowski and Andrea Burke prevailed on all claims brought against their clients, a restaurant and its owner. The plaintiff was a former bar manager who alleged defamation and related tort claims…
Defense Verdict in Due Process Hearing
Las Vegas FMG attorney Samantha Edwards received a full defense verdict in a multi-day due process hearing for a local charter school. The risks were high, as not only were there allegations of denials of a Free Appropriate…
Successful Jury Verdict in California Catastrophic Paraplegic Lawsuit
FMG partners Paul Bigley and Jason Dineros successfully defended an admitted liability, catastrophic, head-on, auto accident case involving a 20-year-old paraplegic in a jury trial in Alameda County, California. Plaintiff sustained a T12 burst fracture that necessitated emergency spinal…
Defense Verdict in California Fiduciary Trust Claim
FMG attorneys William Munoz and David Chang obtained a defense verdict for their clients, a real estate salesperson and real estate broker, in a jury trial in Los Angeles. The plaintiffs were the mother, father and two sons. The…
Jury Significantly Reduces Damages in California Trucking Trial
FMG attorney Sharon Collier parachuted into this case after the close of discovery and shortly before trial. The case involved an admitted liability and causation rear-end accident. The plaintiffs claimed significant orthopedic injuries, including a past thoracic…
Complete Dismissal Obtained in Florida Workers’ Compensation Matter
FMG attorney Eric Eide, with support from Sarah Emrick, successfully defended a workers’ compensation claim seeking compensability, past hospital treatment, and past and future medical and mental health treatment resulting from a claimed accident with…
Favorable Jury Verdict in Colorado Trucking Case
FMG attorneys James Fairbanks and Jason Cooper secured a successful verdict on a damages trial for a nationwide trucking company. The plaintiff claimed extensive back injuries resulting from a major collision, even though he suffered from multiple degenerative conditions.…
FMG Attorney Dustin Karrison successfully defended a country club in a negligence suit in Maryland after the plaintiff slipped and fell on ice, causing him to sustain a significant ankle fracture that required two surgeries and sought…
FMG attorneys Eric Eide and Sarah Emrick obtained a defense ruling in a workers’ compensation trial, representing a nationwide recreational and lease community provider. The claimant was a resort manager who alleged he was substantially injured when a minor…
Complete Dismissal Obtained in Workers Compensation Dispute in Florida
FMG attorneys Eric Eide and Sarah Emrick secured a dismissal of all claims asserted against their client for wage loss benefits arising out of an industrial accident. The claimant was a Training Coordinator who allegedly…