Personal Injury Defense
Wheeler Trigg O'Donnell represents defendants in catastrophic personal injury matters. We have particular experience with high-exposure cases in which the plaintiffs are seeking damage awards, including punitive or exemplary damages, in the range of multimillions to billions of dollars.
Our lawyers are often retained on the eve of trial to try difficult cases, especially those with serious injuries in plaintiff-friendly jurisdictions, when settlement negotiations being handled by other law firms have been unsuccessful.
WTO lawyers have represented numerous large corporations, healthcare providers, professional services firms, property owners and managers, insurance companies, small businesses, and individual professionals in disputes involving injury to the plaintiff.
- Won walk-away dismissal with no money paid for a national cosmetics company in a talc case with 78 defendants in Denver District Court. The plaintiff claimed that asbestos-contaminated talc in the client's products caused his mesothelioma.
- Represented a temporary staffing agency at certiorari-level review in the appeal of the largest individual personal injury judgment in Colorado history.
- Won summary judgment for General Electric in a seven-figure asbestos case in plaintiff-friendly Ramsey County, Minnesota. The win came just three weeks before trial.
- Won dismissal for a Colorado-based manufacturer in an asbestos product liability case in the plaintiff-friendly "judicial hellhole" of St. Clair County, Illinois. WTO asserted jurisdictional defenses at the pleading stage and later won dismissal after the plaintiff's deposition.
- 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.
- Won dismissal for Skyjack in Pennsylvania District Court in a product liability matter involving alleged injury on a scissor lift. The case was dismissed on the basis of lack of personal jurisdiction.
- Serve as lead trial counsel to a leading Las Vegas transportation company for the defense of high-stakes motor vehicle accidents.
- Won a defense verdict in a highly public, multi-week jury trial alleging a wrongful death claim against a recreation industry client following the tragic death of a minor.
- Won summary judgment for a leading ski resort operator in a ski lift injury case.
- Represent a major industrial equipment manufacturer in nationwide high-exposure cases involving multiple injury and wrongful death claims.
- Ripley v. Foster Wheeler (4th Cir. 2016) - Won for Foster Wheeler in an asbestos failure to warn case involving the government contractor defense. The Fourth Circuit reversed and remanded to the district court following WTO's arguments in this matter of first impression.
- Magill v. Ford Motor Co. (Colo. 2016) - Won a Rule 21 petition (an "extraordinary remedy") for Ford to the Colorado Supreme Court in a case involving general jurisdiction and venue claims. The opinion makes it harder for companies with no connection to Colorado to be sued in the state.
- Dukes v. Michelin (Nineteenth Jud. Cir. St. Lucie Cnty. FL 2016) - Won a complete defense jury verdict for Michelin following a nine-week product liability trial in Florida in which the plaintiffs requested damages between $80 million and $1.2 billion following a rollover accident involving Michelin tires. WTO also won the appeal.
- Allen v. Michelin (Ariz. Sup. Ct. Mohave Cnty. 2015) - Won a unanimous defense verdict for Michelin following a three-week trial in Arizona state court in which the plaintiff demanded $20 million in actual and punitive damages.
- Sundin v. United Airlines (Colo. Ct. App. 2015) - Won complete affirmation from the Colorado Court of Appeals for United Airlines in a matter of first impression. The appellant claimed she was injured while boarding a flight when a fellow passenger dropped his carry-on bag on her head. The case involved multistate choice of law issues, and the Court of Appeals entirely adopted WTO's position in affirming the trial court's prior dismissal of the lawsuit.
- Howard v. Bottling Group (Colo. Douglas Cnty. Dist. Ct. 2015) - Won a defense verdict for Pepsi Bottling Group in a six-day jury trial. The plaintiff claimed a traumatic brain injury as a result of being struck with falling merchandise from a retail display and demanded $750,000 in damages. WTO's client was one of two defendants in the litigation, and the jury assigned no fault to our client.
- Successfully represented a privately held oil company in mass torts litigation arising from a deadly 2013 train derailment in Lac-Mégantic, Quebec. Following resolution, helped client pursue claims to recover most of its contributions to the global settlement fund.
- Sparta Insurance v. Garfias (E.D. Wash. 2014) - 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.
- Representing a major commercial insurer in nationwide concussion and traumatic brain injury class action litigation involving the National Collegiate Athletic Association, National Hockey League, and U.S. Soccer Federation.
- Represented a food distributor in allegations of Listeria contamination resulting in 33 deaths and 146 confirmed cases in one of the largest and deadliest food-borne illness outbreaks in the United States.
- 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 defense verdict for a Washington D.C. hospital in a $40 million medical malpractice lawsuit that involved a baby born with severe brain damage.
- Kelly-Williams v. AT&T (La. 9th Jud. Dist. Ct.) - Won a jury defense verdict in Louisiana in a premises liability case in which a sign in an AT&T store fell and injured a child.
- 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.
- Mulcahy v. Rapid American (Ill. Cook Cnty. Cir.Ct.) - Won a jury verdict in Cook County, Illinois, for General Electric in an asbestos duty to warn case involving power plant land turbines.
- Pelletier v. Alfa Laval (Cal. Sup.Ct.) - Won a defense jury verdict for Leslie Controls, the sole remaining defendant at trial after other defendants settled. A jury deliberated for just 20 minutes before deciding our client was not liable for the plaintiff's mesothelioma.
- Shaw v. Pizza Hut (M.D. Fla. 2009) - Won a defense verdict for Pizza Hut/Yum! Brands in liability case stemming from an automobile accident involving a delivery driver.
- Fletcher v. Pizza Hut (E.D. Va. 2009) - Won a defense verdict for Pizza Hut/Yum! Brands in a liability case involving traumatic brain injury and over $3.5 million in damages following an accident involving a Pizza Hut delivery vehicle.
- Moore v. Bertuzzi - Successfully defended the Vancouver Canucks NHL organization in a lawsuit brought by Colorado Avalanche player Steven Moore as a result of severe injuries he sustained during a hockey game. WTO obtained dismissal of the lawsuit on the grounds of lack of personal jurisdiction and forum non conveniens, and also obtained a six-figure award of attorney's fees and costs in favor of the Canucks organization and against Mr. Moore.
- Represented a national shipping company in a wrongful death lawsuit filed in Montana involving two of its contract drivers who allegedly struck and killed a firefighter directing traffic in a snowstorm. After more than two years of challenging litigation, WTO was called in four weeks before trial and obtained a favorable settlement.