Bryan D. Cross

Biography

Cases

• Won a motion to dismiss in federal court in Colorado in a matter of first impression for a major industrial manufacturer facing toxic tort and wrongful death claims. WTO's novel arguments resulted in the product liability statute taking precedence for the first time.
• Represent a major industrial equipment manufacturer in nationwide high-exposure cases involving multiple injury and wrongful death claims.
• Secured a subrogation settlement in excess of $800,000 arising from the 2011 Kappa Alpha Theta house fire at CU Boulder in a case involving allegations of defective installation of cellulose insulation.
• Won a defense verdict in federal court in Spokane, Washington, for Easterday Farms in a $12 million personal injury case involving an explosive collision between two tractor-trailers.
• Won a unanimous jury defense verdict in federal court in Colorado for Evenflo Company in a two-week trial involving liability for permanent injuries to a child strapped into an Evenflo car seat during an auto accident. Ultimately, the jury agreed with our argument that the seat saved the child's life rather than caused the child's injuries.
• Won Tenth Circuit reversal of a federal district court jury verdict favoring the plaintiff and secured a judgment in favor of Ford Motor Co. in a product liability case involving a rollover crash in which the plaintiff was rendered a quadriplegic.
• Defended a trucking company against negligence claims arising from a nine-vehicle accident on a snowy Nebraska interstate highway.
• Defended the appeal to the New Mexico Court of Appeals of a 2009 jury verdict that WTO won for a large food store in a personal injury case.
• Won a unanimous jury verdict in a Santa Fe, New Mexico district court in the defense of a personal injury claim brought against a food store.
• Won summary judgment from the West Virginia Supreme Court in a federal preemption case involving claims that Ford Motor Co. should have used different glass in its vehicle windows.
• Won a defense verdict in Kentucky for Ford Motor Co. in a rollover case involving a Mazda pickup truck.
• Defended construction management company Heery International in litigation arising from KB Homes's construction of 277 single family homes for the San Antonio Housing Authority.

Publications & Speaking Engagements

Presentations

• Presenter, "Techniques for Effective Cross-Examination of Expert Witness," DRI 2024 Product Liability Conference, (February 7, 2024).

Articles

• Co-Author, "Limitations Applicable to Wrongful Death Claims Allegedly Caused by a Defective Product," DRI Strictly Speaking, (December, 2021).

Other Articles/Presentations

• "A Look Through Tinted Glass: What Does the Future Hold for Preemption in Motor Vehicle Litigation?," Prod. Safety Liab. Rptr., Vol. 39, No. 20, (May 2011).
• "Preemption in Automobile Product Liability Cases After Williamson and Priester," presented at Product Liability Advisory Council, (April 29, 2011).
• "Sophisticated Deposition Strategies," presented at National Business Institute, (August 20, 2010).
• "I Could Tell You, But I'd Have to Kill You: Protecting Your Clients' Trade Secrets and Other Confidential Information," Mich. Def. Q., (May 1997).

Press

• 27 WTO Lawyers Recognized in The Best Lawyers in America 2019
• Law Week Colorado, "Wheeler Trigg O'Donnell Names Five Partners," November 22, 2011.
• Wheeler Trigg O'Donnell Names Five New Partners for 2012

Other Experience

Legal Memberships, Activities, and Honors

Personal Interests