Products Liability Team Wins Defense Verdict

July 1, 2002

William T. DelHagen and Joshua A. Quinones of Murchison & Cumming's Los Angeles office successfully defended, Vac-Con, Inc. in a three-week trial venued in San Jose. Suit was brought by Michael and Karen Rosiles based on alleged injuries sustained by Mr. Rosiles while working at his job as a road worker with the County of Santa Clara. Mr. Rosiles claimed that while operating a sewer basin cleaner truck manufactured by Vac-Con the vacuum tube swung suddenly and unexpectedly across the mouth of a sewer opening, striking him on the right side of his head. He alleged that the vehicle was defective in design and lacked adequate warnings as to its dangerous propensities and the need for a hardhat while in use. Ms. Rosiles sued for loss of consortium relating as a result of her husband's alleged diminished capacity.

As a result of this incident, Mr. Rosiles claims he suffered a mild, traumatic brain injury, as well as many other symptoms, including vertigo, dizziness, headaches, loss of memory, dulled mentation and various other related cognitive and sensory problems. Plaintiff called a team of experts to help substantiate his claims. As a result of these injuries, Mr. Rosiles remained off work from the date of the incident through trial. In closing argument, plaintiffs sought in excess of $5 million in damages.

Mr. DelHagen and Mr. Quinones successfully argued that the product was not defective and did not require warnings. At the close of plaintiffs' case in chief, Judge Thomas P. Hansen granted a non-suit in favor of the defendants on the issue of failure to warn as plaintiffs had simply failed to make their case on this issue. After closing arguments, the jury deliberated for less than three hours before it decided 11 - 0, with one abstention, in favor of Vac-Con on the issue of whether or not the product was defective in design. The jury concluded that the Vac-Con catch basin cleaner is not defective in its design and did not cause any injury to plaintiff.

The defense was aided by the strong testimony on product design issues by Dr. Michael Fourney, of Fourney Engineering and on biomechanical issues by Dr. Carley Ward, of Biodynamics Engineering.

As for plaintiff's claims of physical injury and damages, Mr. DelHagen and Mr. Quinones argued plaintiff did not suffer a brain injury and that his symptoms were all carried over from prior incidents. Though the jury did not address this issue in reaching its verdict, post-trial interviews with individual jurors revealed that plaintiff's claims of injuries would also have been defeated.

Plaintiff later filed a Motion for New Trial, which was denied by Judge Hansen. Vac-Con was awarded its costs at the end of trial, totaling approximately $33,000. Subsequently, plaintiffs agreed to dismiss the case in its entirety in exchange for a waiver of said costs.

Mr. DelHagen and Mr. Quinones were very pleased with the verdict, "We feel this jury verdict vindicates our client. Vac-Con manufactures good products and we feel this verdict proves that point." They were equally pleased with the venue. "Judge Hansen was consistent in his rulings and treated us well. The jurors were excellent, they took notes, paid attention and arrived at a correct decision based on the evidence presented to them." During the trial preparation stages of this case, Mr. DelHagen and Mr. Quinones were invaluably aided by Mr. Eric Weiss of the firm's Law & Appellate Practice Group.