Partners Bill Pollock and Ed Coleman obtained a ruling from the United States 4th Circuit Court of Appeals affirming the dismissal of a lawsuit against a hotel operator client. A unanimous panel of the 4th Circuit ruled the plaintiff hotel guest failed to meet his burden of proof in asserting claims for negligence and negligent infliction of emotional distress after being trapped inside an elevator at a hotel operated by the firm’s client. The federal district court for the Eastern District of North Carolina had previously granted summary judgment in favor of the hotel operator and the order was affirmed on appeal. The 4th Circuit adopted the defense arguments that without competent medical evidence, the plaintiff could not prove causation of his alleged injuries as a matter of law. Ed and Bill wrote the brief and Bill presented the oral argument for the appeal remotely. The decision can be assessed here.
(Every case is different and depends on its unique set of facts. Outcomes of a particular case cannot be predicated upon past results.)