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Friday, June 29, 2012

Fowler White Burnett Appellate Attorney Secures Decision Affirming Defense Verdict

Esther E. Galicia successfully defended an appeal from a defense verdict in favor of the firm’s client, a BB gun manufacturer. The Plaintiffs, whose deceased 16-year-old son was killed when he failed to obey a police officer’s command to “drop the gun,” initially alleged that the BB gun their son was holding should have been modeled to appear like a toy. Plaintiffs’ liability theory subsequently morphed to the contention that the BB gun manufacturer should have designed the BB gun to be a luminescent green color with red flashing lights on the barrel.  The jury rejected Plaintiffs’ proposition and the Third District Court of Appeal, in a per curiam affirmed decision, similarly rejected the Plaintiffs’ various evidentiary and closing argument challenges on appeal.

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