Hall & Evans attorneys, Steve Hamilton and Josh Sommers, recently prevailed on a Motion to Dismiss their client, an exercise and fitness equipment manufacturer, from a personal injury lawsuit filed in the District Court of Denver County, Colorado.  The case involved product liability claims against their client.  In the suit, Plaintiff alleged that while using exercise equipment at a local gym, the machinery malfunctioned due to poor maintenance and defective design, and resulted in substantial bodily injuries and damages.  While Plaintiff timely filed his Complaint against other defendants, he amended his Complaint and added the manufacturer after the statute of limitations expired.  The main issue for the Motion to Dismiss was whether the relation-back doctrine allowed the claims against the manufacturer to relate back to the original Complaint filing date.

Steve and Josh successfully argued that Plaintiff could not benefit from the relation back doctrine because Plaintiff failed to properly identify the client or assert viable product liability claims in the original Complaint.  The Court agreed and dismissed the manufacture with prejudice.  In addition to obtaining dismissal, Steve and Josh also prevailed on a subsequent Motion for recovery of their client’s fees and costs.

Prevailing on an early dispositive motion has become increasingly uncommon in modern litigation, but to do so is a credit to the exceptional skills and teamwork of the Hall & Evans Product Liability Practice Group.