GRSM New York Product Liability Team Obtains Dismissal of $20 Million Claim

April 2024

The Gordon Rees Scully Mansukhani New York Product Liability team, including Senior Counsel Max Trembitsky, successfully obtained dismissal of all claims with prejudice pursuant to Federal Rule of Civil Procedure 41(b) of a product liability lawsuit in the United States District Court for the Northern District of Georgia, Atlanta Division, on behalf of an electric scooter manufacturer and retailer.

The plaintiff sustained serious head injuries, including traumatic brain injury requiring extensive medical treatment, allegedly caused by the brakes of the scooter failing, resulting in a collision with an electrical box on the sidewalk. The plaintiff asserted strict product liability and negligence claims against the electric scooter manufacturer and retailer, alleging that it was defective in design and manufacture. He demanded $20 million to settle. 

After successfully moving the court to compel the plaintiff to provide outstanding discovery multiple times, the plaintiff continued to fail to provide any meaningful discovery and repeatedly argued that his responses were entirely sufficient. He also requested additional time to provide further responses, arguing that any delay in producing the requisite materials was caused by his brain injury and that no prejudice had been caused by his delays. At every juncture, the GRSM team took all necessary action to demonstrate the extensive prejudice caused by the plaintiff’s repeated delays, including an inability to proceed with discovery. The GRSM team then filed a motion to dismiss pursuant to FRCP 41(b) for the plaintiff’s failure to comply with the court’s order. Ultimately, the court granted said motion and dismissed the plaintiff’s claims in their entirety with prejudice.

The successful dismissal obtained by the GRSM team, exemplifying their dedication to strategic legal representation, was the product of hard work through extensive, contentious litigation and a team effort with support from team leader, Partner Gregg Minkin, Senior Counsel Robert Beckmann, and paralegals Julia Lord and Stephen Bomberger. With experience handling a broad spectrum of product liability matters, GRSM's national Product & General Liability practice group stands ready to assist businesses facing complex legal challenges, offering comprehensive support and proven results.

To read the full 19-page decision, please click here.