CSK Defense Team
West Palm Beach Managing Partner Barry Postman
West Palm Beach Partner Lee Cohen
West Palm Beach Associate Andrew Goodman
Case Summary
This construction personal injury case arose from a catastrophic jobsite incident at a high-rise office building in which approximately 1,000 pounds of drywall fell, striking the Plaintiff and causing serious injuries. The Plaintiff asserted claims against multiple Defendants and sought over $40 million in past and future economic damages.
Before trial, the Plaintiff settled with all other Defendants for approximately $7 million. The case proceeded to trial against CSK’s client, the last remaining Defendant, on theories of negligence and vicarious liability.
Defense Strategy
At trial, the CSK Defense Team focused on establishing that their client, a construction-related entity, neither acted negligently nor caused the Plaintiff’s injuries. The defense emphasized the Defendant’s limited role and lack of control over the work that led to the drywall falling, while also addressing the allocation of fault to parties no longer in the case and challenging the scope of the Plaintiff’s damages.
Although the Plaintiff sought a substantial verdict, the defense maintained that the evidence did not support liability or additional recovery. The case proceeded to verdict after pretrial and trial settlement discussions.
Outcome
After approximately one and a half days of deliberations, the jury found CSK’s client was not negligent, resulting in a judgment for the defense. The jury attributed 10% fault to another Defendant that previously settled and that Plaintiff argued CSK’s client should be held vicariously liable for. Because that Defendant had already paid more than its proportional share, CSK’s client faced no financial exposure and obtained a final judgment in its favor.
The verdict eliminated any obligation to pay damages, underscoring the effectiveness of a focused liability defense in a high-exposure construction injury case.
Special Thanks
Miami Partner Scott Cole
Miami Associate Francesca Stein
West Palm Beach Legal Assistant and Paralegal Stephanie Chiocca
West Palm Beach Paralegal Kelly Buchanan
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