Tag Archive for: matthew-voss

Summary Judgment Granted in Burn Injury Case

/in ,

A manufacturing company represented by our firm has secured summary judgment in a product liability case involving burn injuries, decided in Los Angeles County Superior Court. Senior Partner Guy R. Gruppie, Partner Matthew E. Voss, and Associate Partner Julie E. Esposito of Murchison & Cumming, LLP represented the defendant.

The plaintiff suffered burn injuries while using a crock pot/slow cooker and brought suit, alleging product liability. At issue was whether the celebrity endorser of the product could be considered part of the chain of distribution. After extensive briefing and oral argument, the court took the matter under submission for several months before issuing its ruling in favor of the defense.

Since the plaintiff had previously rejected a Statutory Offer to Compromise under California Code of Civil Procedure Section 998, the defendant is now entitled to recover prevailing party costs and expert witness fees. This marks the second summary judgment victory for a Murchison & Cumming client in a product liability burn injury case this year.

M&C Team Obtain Summary Judgment in Product Defect Case

/in ,

Congratulations to Senior Partner Guy R. Gruppie, Partner Matthew E. Voss, and Associate Partner Julie A. Esposito on their summary judgment victory in the Van Nuys branch of the Los Angeles Superior Court. The team successfully defended a pharmaceutical company in a case alleging product defect/failure to warn.

The lawsuit stemmed from a claim by the plaintiff, who alleged permanent burns from using a popular heat patch for pain relief. After careful legal strategy, the court granted summary judgment, concluding that the plaintiff failed to adequately establish a failure to warn as the legal cause of the injuries. The plaintiff previously rejected the defendant’s Statutory Offer to Compromise, enabling our client to recover expert expenses in addition to prevailing party costs.

This marks the second major dispositive motion victory in as many years for Mr. Gruppie and Mr. Voss on behalf of our insurance client, following a prior partial dismissal secured for an international entertainment company. Ms. Esposito played a pivotal role in shaping and implementing the early discovery strategy, which included obtaining records from the plaintiff’s primary care physician confirming the heat patches were used in a manner inconsistent with the product’s instructions.

Granting of Motion for Summary Judgment Affirmed in Wrongful Death Case

/in

A motion for summary judgment granted in favor of Hollywood producer Joel Silver in a wrongful death case was affirmed by the California Court of Appeal, Second Appellate District. Corine Zygelman and Matthew E. Voss of Murchison & Cumming, LLP represented the defendant.

This case involved allegations of liability for wrongful death against Hollywood producer, Joel Silver, brought by the parents of his deceased personal assistant. The personal assistant died during Silver’s family vacation to Bora Bora with his family, friends, and his family’s personal chef in 2015. The decedent’s parents’ multi-million dollar lawsuit sought to hold Silver, two of his companies, and his family’s personal chef, Martin Herold, liable for decedent’s death. Silver prevailed on a Motion for Summary Judgment in the Los Angeles County Superior Court and the parents of the decedent appealed the judgment in favor of Silver.

After briefing and oral argument, the California Court of Appeal, Second Appellate District, issued a 30-page opinion on August 25, 2022, certified for publication, which affirmed the trial court’s judgment in favor of Silver.

Murchison & Cumming Names Two New Partners and Associate Partners

/in ,

Murchison & Cumming, LLP is pleased to announce that Matthew Voss has been elevated to Partner and Celim Huezo and Peter Martin have been elevated to Associate Partner.

Matthew E. Voss is based in the Los Angeles office focusing his practice on Law & Motion and Appellate work. Matthew has applied to the California State Bar to be recognized as a certified appellate specialist. Over the past 20 years, he has built a diverse practice spanning from general civil litigation to entertainment law. Mr. Voss is a graduate of Southwestern University School of Law and obtained a B.S. in Political Science from Illinois State University.

Celim E. Huezo is based in the Los Angeles office focusing his practice on general liability. With more than 15 years of experience, Mr. Huezo understands the nuances of his clients’ cases and ensures they are an active part of the litigation process. Celim is a graduate of Syracuse University College of Law and received a B.A. in International Relations and Political Science from the University of Southern California.

Peter A. Martin is based in the Irvine office focusing his practice on Employment Litigation, Medical and Legal Malpractice, and General and Premises Liability. Mr. Martin’s diverse background stems from his almost 30-year career representing a wide range of clients and litigating a broad spectrum of legal issues. Peter is a graduate of Western State University College of Law, received an M.A. from Fuller Theological Seminary, and a B.A. from Azusa Pacific University.

About Murchison & Cumming

Murchison & Cumming, LLP is a premier “Go-To” civil litigation firm with multiple offices throughout California and Nevada. Our attorneys specialize in the defense of domestic and international businesses, insurers, and high-networth individuals, at trial and on appeal. Additionally, the firm’s attorneys handle employment matters and business transactions. Murchison & Cumming, LLP is a member of the USLAW Network and other prestigious bench and bar organizations, including the Federation of Defense & Corporate Counsel (FDCC) and American Board of Trial Advocates (ABOTA).

Murchison & Cumming Elevates Matthew Voss to Associate Partner

/in ,

Murchison & Cumming is pleased to announce that Matthew E. Voss has been elevated to Associate Partner. Mr. Voss is based in the Los Angeles office focusing his practice on Law & Motion. Over the past 20 years, he has built a diverse practice spanning from general civil litigation to entertainment law. After years of focusing solely on entertainment industry legal matters, Mr. Voss decided to return to a firm-based environment to best service his clients’ legal needs.

Mr. Voss is a graduate of Southwestern University School of Law (J.D.) and obtained his Bachelor of Science degree in Political Science from Illinois State University.

A Chicago native, Mr. Voss became an attorney to help others champion their causes. He brings a compassionate and hard-working energy to his practice and zealously represents his clients’ best interests. His most rewarding legal experience was successfully defending a high-profile talent agency in an idea theft entertainment litigation matter that arose from the production of a major feature film. In that case, he successfully opposed a motion for summary judgment and prevailed on appeal with respect to the trial court’s ruling on that motion.

Motion for Summary Judgment Granted in Products Liability Case

/in

Judge Curtis A. Kin of the Los Angeles County Superior Court granted a motion for summary judgment in a products liability case against Mountville Mills, Inc. (MMI), a floor mat manufacturer. The motion was prepared and argued by Matthew E. Voss and the handling attorney for this matter was Lisa D. Angelo.

MMI is a manufacturer of floor mats used in the restaurant industry and other businesses across the U.S. The plaintiff had purportedly sustained serious physical injuries after a trip and fall accident at the entrance of a restaurant in Pasadena, California involving a mat manufactured by MMI. She alleged causes of action against MMI for: 1) Products Liability; 2) Breach of Implied Warranty of Fitness; and 3) Negligence.

The Court found that the plaintiff had failed to raise any triable issues of material fact and submit evidence showing a defect in the mat, or conduct constituting a breach of warranty or breach of duty by MMI. Thus, the plaintiff could not establish her causes of action against MMI. The Court found the declaration of the plaintiff’s expert, Brad Avrit, submitted in opposition to the motion, unpersuasive because Avrit did not test the mat, request a sample mat for testing, inspect the accident site, and his opinions were not based upon personal knowledge.