Christopher R. Cashen


Successfully Defended Manufacturer in Entrapment Case

Client: Genie

We represented our client, Genie – a global aerial work platform manufacturer, in a lawsuit after a worker suffered fatal injuries in an entrapment accident. The plaintiffs claimed that aerial work platforms should be equipped with mandatory secondary guarding accessories, which plaintiffs claim would have prevented this death. The plaintiffs sought $69 million, including punitive damages.  Post-accident evidence, including evidence of non-similar accidents, were allowed to go to the jury. Despite these challenges, we received a unanimous defense verdict from the jury after nearly two weeks of testimony.  The jury rendered the defense verdict in under 90 minutes, agreeing these machines, which have been used for decades and millions of man hours, are not defective and unreasonably dangerous. This case was also significant for the industry, as it is the first entrapment case to be tried to verdict.

Product Liability Defense of Industrial Equipment Manufacturer Against Claims of Defective Design Involving Bucket Truck

We represented a man-lift manufacturer in a product liability case where plaintiff’s husband died in accident while operating an industrial bucket truck. The plaintiff alleged that the bucket truck should have been equipped with a strain gauge load cell system. The plaintiff filed claims for negligence, strict liability and breach of warrant against our client. After successfully obtaining dismissal of plaintiff’s manufacturing defect claim, we filed Daubert motions to exclude plaintiff’s experts arguing her experts were unreliable. Concurrently, we filed a motion for summary judgment. The state court judge granted both the Daubert motion and summary judgment motion in favor of our client.

Premises Liability Defense Relating to Claimed Damaged to a Vehicle

We represented a retailer against plaintiff’s claim that our client bent the frame of her vehicle during a routine tire rotation and oil change. The plaintiff asserted a negligence claim and, after a one-day bench trial, the Judge found in favor of our client.

Defense of Negligent Security Claim

We represented a retailer in a case where the plaintiff-mother was shopping with her son in our client’s store and heard two other customers using offensive language in earshot of her son. The plaintiff- mother told the customers to stop using the offensive language and a fight ensued. The plaintiff filed suit claiming the retailer should have prevented or intervened in the altercation. The trial court granted summary judgment; however, the plaintiffs appealed the trial court’s decision to the Kentucky Court of Appeals. The Court of Appeals affirmed the trial court’s grant of summary judgment in favor of our client.