Mitchell C. Motu Obtains Favorable Resolution In High-Stakes Construction Wrongful Death Matter Against Top Plaintiff’s Firm

When a confidential S&P 500 contractor faced a catastrophic construction site wrongful death claim stemming from a pedestrian being struck by a heavy loader and a demand exceeding $75 million, our firm was engaged 90 days before trial to reset the trajectory of the case. Opposite one of the state’s top five Plaintiffs’ firms, we were retained to provide strategic leadership, triage the defense, and overhaul critical expert discovery under severe time pressure

Rapid Case Recalibration and Expert Strategy
Within days of engagement, we reoriented the defense around liability causation fundamentals and juror-perspective clarity. We rebuilt the expert platform and executed targeted depositions that exposed material vulnerabilities in Plaintiffs’ OSHA Safety, accident reconstruction, and Human Factors opinions. Through precise and aggressive depositions, we secured key admissions regarding: (a) the decedent’s obligation to maintain awareness of his surroundings, (b) the loader’s conspicuous visibility and audibility in the environment at issue, and (c) foundational defects in the accident reconstruction’s animation, including its assumptions and methodology

Third-Party “Empty Chair” Theory
We developed and advanced a compelling third-party empty chair argument that had not been prepared by prior counsel. This approach provided the jury a legally supported, fact-driven alternative to primary fault allocation, further diluting the claimed exposure and pressuring the settlement calculus.

Outcome
Confronted with a tightened evidentiary record, weakened expert pillars, and a viable “empty chair” which could have compromised the verdict, Plaintiffs resolved the matter for a fraction of the original demand.

Why Clients Choose Us
Strategic acumen under pressure: We rapidly diagnose case posture and reset defense themes within compressed pretrial windows.

Expert handling that wins the record: We dismantle overreaching opinions and secure targeted admissions that travel to trial.

Trial-focused alignment: Every tactic is built for juror comprehension, evidentiary integrity, and negotiation leverage.