Recent Defense Verdict

Mark Bodner recently obtained a defense verdict in the U.S. District Court in Boston.  Mark represented a commercial property operator.  Its liability insurer was insolvent and it faced significant direct financial exposure.  The plaintiffs asserted claims for negligence, strict liability under G.L. c. 142, § 51 (based upon an alleged violation of the Massachusetts Building Code), and violation of G.L. c. 93A.  The plaintiffs rejected a significant six figure offer at a mediation shortly before the trial and insisted on a seven figure settlement.  Expert trial witnesses for the plaintiffs included an architect, a biomechanical engineer, and an orthopedic surgeon.  Mark was able to effectively cross-examine each of these experts to bolster the defense.  The jury found no liability after a five day trial before Judge Denise Casper.  If you are facing a premises liability claim or a liability claim where the availability of insurance is uncertain, please feel free to contact us.