Gordon Rees Scully Mansukhani Senior Counsel Daniel Reisner, with support from Partners Gregg Minkin and James DeBartolo, local counsel from Partner Elizabeth Shuman, and assistance from Paralegal Veandra Selby, successfully obtained a dismissal on behalf of a scooter manufacturer and distributor following extensive pre-answer motion practice in Florida state court.
The plaintiff brought claims on behalf of her minor son, who was allegedly injured when he fell off a scooter that was allegedly manufactured and distributed by GRSM’s clients, a foreign manufacturer and its American subsidiary. The plaintiff also brought claims against the other parties in the distribution chain.
The GRSM team brought a motion to dismiss the complaint after the plaintiff did not serve GRSM’s clients properly. Further, the team argued that the plaintiff failed to state a claim against the American subsidiary upon which relief could be granted, since the complaint included no allegations that it participated in the scooter’s design, manufacture, or sale.
The court granted the motion, determining that service was inadequate and agreeing with GRSM’s argument that the American subsidiary did not participate in the scooter’s production directly or as the manufacturer’s alter ego. Following the court’s decision, the plaintiff agreed to dismiss the complaint rather than seek to amend it to cure the deficiencies highlighted in GRSM’s motion.
However, a co-defendant distributor then brought a third-party complaint seeking common law indemnification from both of GRSM’s clients. The team again moved to dismiss, as the co-defendant similarly failed to serve GRSM’s clients. GRSM also brought new, jurisdictional arguments supporting dismissal arising from the manufacturer’s lack of activity in the United States and Florida. Prior to the hearing on these motions, the distributor agreed to voluntarily withdraw the third-party complaint, securing a full dismissal for GRSM’s clients.
This result underscores the strength of GRSM’s Product Liability team and their creativity, extensive knowledge of the law, and relentless commitment to our clients.