Alan Herman and Lisa Lazarus Secure Dismissal in Product Liability Case
Through the combined efforts of Alan Herman and Lisa Lazarus, a deposition of an opposing party plaintiff turned in to a stipulation of dismissal of the lawsuit. Alan and Lisa were defending an HPTY client in a lawsuit brought by two brothers (pro se) following the death of their 90 year old mother who had died in a house fire. Plaintiffs contended that our client's product was inoperative and unavailable to their mother to call for help and that our client knew about the problem (a lack of A/C power) and had failed to take the proper steps to notify the proper people to fix the problem. What they did not know was that our client recorded its telephone interactions, which in this case included a conversation with one of the plaintiffs describing the problem and asking him to fix the problem some three weeks before the fire. When the plaintiffs heard the tape, they immediately asked what they could do to close down the case and agreed to a stipulation of dismissal (with prejudice).