Wrongful Death Defense Verdict
Attorney Involved | Ashley A. Noel
Attorneys Ashley A. Noel and Cassandra A. Hardy obtained a defense verdict in a wrongful death product liability action brought in Hartford, Connecticut. The Plaintiff claimed that her minor son drowned in a public pool due to the failure of a camera system to alert emergency dispatch to his presence in the pool, causing his death. The Plaintiff brought a lawsuit against the Defendant security company alleging that the camera system was an alert system designed to detect trespassers in the pool area for the sole purpose of preventing drownings. The Plaintiff further claimed that the Defendant had intentionally and recklessly misrepresented that the camera system was safe and effective to the property owner who purchased the cameras.
Attorneys Noel and Hardy presented evidence that the camera system functioned as intended by the property owner. The evidence established that the failure of the cameras to alert dispatch was due to a failure of the internet connection, which was not within the scope of responsibilities of the Defendant security company. They also presented evidence that the Plaintiff’s Decedent had climbed two fences in order to access the pool after the pool was closed to the public, knowing that he was not able to swim.
During closing argument, the Plaintiff requested an award of $30,000,000.00. After the Court granted a directed verdict as to the fraud and recklessness claims, the jury found that the camera system was not defective and entered a defense verdict as to the remaining product liability claim after less than two hours of deliberation.