Client Dismissed from Wrongful Death and Product Liability Case Involving Zip Line Fatality

January 11, 2011

Maria D. Toto successfully brought a dismissal for her client, who designed and built a zip line structure placed at a firearms training institute in Pahrump, Nevada. Upon completion of construction, M&C’s client provided extensive training on the proper procedure for operating the zip line, and expressly directed the institute’s employees to remove riders from the zip line through the use of an aluminum ladder. Approximately six months after construction of the zip line and completion of training, the institute decided to swap out the ladder for a heavy weight, steel scissor lift. On July 4, 2007, during an event held at the institute, one of the employees sent a gentleman down the zip line prior to the scissor lift platform being lowered. The man struck the platform head-on and suffered fatal injuries.

The firearms training institute sued M&C’s client and the zip line company was named as a Third-party defendant. The institute alleged claims of negligence, strict liability, and breach of warranty, but agreed to dismiss M&C’s client upon receipt of Ms. Toto’s Motion for Summary Judgment.