Defense Verdict Obtained in Products Liability Case

Posted in Verdicts and Settlements on October 27, 2021

Cristobal Casal, Managing Partner of the Fort Myers office, and Brian Buczynski, an Associate, obtained a defense verdict in a products liability personal injury lawsuit involving an exploding lithium ion battery that Plaintiff was using in an electronic cigarette device.  The client was sued for selling a lithium ion battery that was alleged to have design defects that allowed it to short-circuit, catch on fire, and cause the Plaintiff to suffer second and third degree burns to his left hand.  The Plaintiff was a middle aged information technology worker who claimed that he had lost grip strength in his hand, was suffering from mild carpal tunnel disorder, and tremors and shaking that were not present before the date of the event.  Plaintiff boarded more than $77,000.00 in incurred medical expenses and asked the jury to award up to $3,300,000.00 during closing argument.  The trial took place over five days in Sarasota County, Florida.  The jury deliberated for 90 minutes before rendering their verdict in favor of the defense and finding no entitlement to damages.  The client will be entitled to pursue its attorneys’ fees and costs as there was a Proposal for Settlement served on the Plaintiff that was allowed to lapse.