Daley Mohan Groble news room - recent results

Daley Mohan Groble wins jury verdict for their client in $2.6mm lawsuit.

DMG's Dan Mohan and James McGovern secured a not-guilty jury verdict against the plaintiff attorney's request for $2,600,000 in damages in Tenesha Martin v. Canadian Pacific Railway. The plaintiff claimed multiple injuries due to a forklift accident while loading a truck at CP's facility. While operating the forklift, the plaintiff fell from a railroad owned and operated truck dock, while unloading an unmanned trailer/cab owned by Central Transport. After only two hours of deliberation, the jury found CP not guilty of negligence and awarded no damages from Canadian Pacific. The jury awarded a gross amount $284,000 against Central Transport, Inc., but found the plaintiff 30% at fault for a net award of $198,000.

The result was the culmination of a lengthy three week trial that included testimony from a number of medical experts. The case was also notable as the Court and the parties created a set of simplified jury instructions for the FELA /common law hybrid case, where the railroad and common law defendant cross claim.

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