MBLB Casualty Team Deals Double Whammy in Industrial Accident Lawsuit 

Member Trevor Cutaiar successfully argued two motions in Louisiana state court in a hotly contested personal injury lawsuit arising out of an industrial accident. Mouledoux, Bland, Legrand & Brackett represented the owner of a piece of equipment that the plaintiff claimed was defectively designed and constructed, and that the defects caused him to sustain serious personal injuries. He had undergone multiple cervical surgeries that he argued left him permanently disabled. Our position from the outset was that the equipment was suitable in design and construction, that the accident was a result of the plaintiff’s own negligence, and that there was no basis for liability.

The Court first granted our Motion in Limine, preventing the plaintiff’s liability expert, Tim Galarnyk, from testifying at trial. We showed that the expert’s opinions on the applicable safety standards and liability issues were not factually or legally supported and his methodologies for arriving at his opinions were deficient. Dan Höerner had taken an hours-long and very contentious deposition of Galarnyk, which provided the support for the Motion in Limine. The Court agreed that the basis for Galarnyk’s conclusions did not satisfy the legal requirements for expert opinions and testimony.

After the Court rejected the plaintiff’s expert, the Judge granted our Motion for Summary Judgment, completely dismissing the plaintiff’s claims and rendering judgment in favor of MBLB’s client. Associate Joe Trytten was the principal brief writer on both motions.

Prior to the Court’s favorable ruling on our motions, the plaintiff had demanded well in excess of $1 million to settle the claim. This team effort resulted in a significant and decisive defense victory in state court, where motions of this nature are rarely granted. Kudos to our team for a job well done.