Case: Windswept Tent Not the Result of Client’s Negligence
Counsel: David Owens, Mary Dolan-Roche & Robert Von Hagen
Result: Defense Verdict
Partners David Owens and Mary Dolan-Roche secured a defense verdict following a trial on liability in Brooklyn. The plaintiff claimed he sustained head injuries with neurological disabilities, neck injuries, and shoulder injuries when a temporary tent that he was standing under toppled due to what he called an “explosive” gust of wind. Although the Court denied summary judgment to our client and the Appellate Court affirmed the denial, the jury determined that the church, which had set the tent up for a sidewalk health fair, was not a proximate cause of the incident. MSD called non-party witnesses who attended the fair and presented the testimony of the church’s pastor. Upon cross-examination, the plaintiff also admitted certain facts which proved fatal to his case.
Although the jury found that the church was negligent in erecting the tent improperly, it adopted MSD’s argument that an unexpected and “explosive” gust of wind superseded any speculative failures to set the tent up more securely. The jury found that the church’s actions or omissions were not a substantial factor in causing the accident and rendered a defense verdict.