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Defense Verdict After Three Week Trial

In December 2011, the Fulcher Hagler LLP litigation team culminated an eight-year battle in a multi-million dollar wrongful death claim against a Class 1 railroad company with a hard-fought defense verdict. The Fulcher Hagler trial team, including Jim Purcell, Mark Wilby, Beth McLeod and Lori Mussman, worked with attorneys from Ohio and Tennessee firms to defeat the claim in a three-week trial in the Circuit Court of Tennessee.

After years of dismissals, refilings, and venue changes, the Fulcher Hagler defense team persevered in the action, which involved punitive damages claims as well as substantive damages in excess of $12 million. Plaintiffs were represented by Tennessee firms and a well-known South Carolina plaintiffs’ firm.

“We’re just grateful to have had the opportunity to work with some outstanding lawyers and to have appeared in front of an excellent jurist,” said Jim Purcell, Fulcher Hagler’s lead counsel on the case. “A trial ending in this fashion on December 21 made a great gift for the holidays.”

Before reaching trial, the plaintiffs dismissed and refiled the action twice. After finding a preferred venue, the plaintiffs offered the Tennessee court testimony from several highly paid experts claiming expertise in human factors issues, highway engineering, economics, and audiology.

The verdict culminated years of hard work, persistence, and dedication to the interests of our client.