Le Clercq and Walsh Win Product Liability Summary Judgment

New Orleans, La. – Frederic Theodore 'Ted' Le Clercq and Jonathan M. Walsh won a summary judgment in a product liability case on behalf of the manufacturer of a neon sign at the JC Penney in the Pierre Bossier Mall. The seriously injured plaintiff claimed he was electrocuted while repairing the sign, alleged to be defective because someone had bypassed the "on/off" switch. The plaintiff admitted in his deposition that bypassing an "on/off" switch was a safety violation, that he had no evidence the bypass had been done by the manufacturer, and that bypassing an "on/off" switch is something that anyone would know to be unsafe thus a manufacturer should not have to warn against it. With trial less than two months away, the court seized on this testimony and granted the motion and dismissed the claims with prejudice, saving the client the expense of a one week jury trial.