Sweeny, Wingate & Barrow, P.A. attorneys Mark Barrow and Eric Cavanaugh recently prevailed on an appeal to the Fourth Circuit Court of Appeals on a case for Louisville Ladder, Inc.
The original case was a product liability case filed in the South Carolina Court of Common Pleas for Beaufort County. Mr. Barrow and Mr. Cavanaugh removed the case to the United States District Court for the District of South Carolina Beaufort Division where it was pending for more than two years. In order to make his case, the Plaintiff named a nano-engineer to opine as to defects in the ladder that he alleged led to the failure and the Plaintiff’s injuries. The Plaintiff claimed more than $300,000 in medical specials and total disability as a result of the incident.
Prior to trial, Mr. Barrow and Mr. Cavanaugh filed a Daubert motion seeking to exclude Plaintiff’s liability expert as well as a motion for summary judgment. Following two separate hearings, the Court excluded Plaintiff’s expert and granted Defendant Louisville Ladder, Inc. summary judgment.
The Plaintiff immediately filed an appeal to the 4th Circuit. The Fourth Circuit affirmed the District Court’s exclusion of Plaintiff’s expert and grant of summary judgment to Defendant in the case.