Orange County Partners Trevor Resurreccion and Andrew Higgs recently secured a voluntary dismissal on behalf of their client in a high exposure, multi-party personal injury matter.

This case involves an incident in which the three-year-old plaintiff fell out of a window three stories below, resulting in claims of a TBI and related injuries, including loss of peripheral vision and paralysis on his left side. Plaintiff, as an adult, filed suit, alleging various theories of liability against our client, the installer of the window and screen, including strict products liability.

After almost a year of active (and expensive) litigation, the client made the brave decision to retain Lynberg & Watkins to substitute in as counsel of record. As soon as they obtained the file, the L&W team realized the Plaintiff’s action against the client was statutorily barred, as Plaintiff failed to name the client as a DOE defendant with three years of filing the Complaint. Rather than contest a Motion to Dismiss, Plaintiff voluntarily dismissed the case, with prejudice, in exchange for a waiver of costs.

Within three weeks of retention, Trevor and Drew obtained a dismissal for the client. Details matter, and at Lynberg & Watkins, we are always striving to find the most cost-effective solutions to our clients’ (very) big problems.