On September 19, 2017, Juan “Mikey” Cruz walked into work at the commercial warehouse he had worked at for the last fifteen years. It was the last day he would walk at all. Shortly after his lunch break, a temporary worker made contact with product stored on an upper rack, causing 1,300 pounds of unsecured lighting products to slide off of their shipping pallet and the plastic slip sheet they were stored upon. In a moment, he was knocked unconscious and his spine was snapped in half.

The incident launched a multi-year, multi-state investigation which included inspections of Philips/Signify’s commercial warehouse in Pennsylvania that shipped the dangerous product. A January 2021 inspection would reveal evidence that the warehouse may have been altered to distance Philips/Signify from the paralyzing product.

After a failed mediation, the plaintiffs offered to accept Philips/Signify’ $20 million dollar policy limits. The defense replied with their one and only offer during the case—$1.5 million. Attorney Andrew Garza led the trial team comprised of Andrew Ranks, Alexa Mahony, and Ryan McKeen. After three weeks of jury selection, followed by a three-week trial, a six-person Hartford jury rendered a historic $100 million dollar verdict in favor of Mr. and Mrs. Cruz.

Learning Points:

• The importance of digital evidence in the discovery process and the use of metadata in shaping the examinations of expert witnesses.
• How to use technology and support teams during jury selection to improve outcomes.
• Using support teams during trial to analyze trial progress and to improve the effectiveness of examinations, evidence, and closing argument.
• How to develop and admit state-of-the art animations to show mechanism of injury to a jury.
• Using focus groups to shape trial themes, select damages witnesses, determine case value, and develop juror profiles.
• Effective presentation of loss of consortium claims. Derivative, but not less than.
• The importance of recording every deposition you take and the role it plays in case outcomes.