News

Freeman, Greco & Krusbe Prevail on Motion to Dismiss Product Liability Case

Nicholas D. Freeman (Partner-Orlando, FL), J. Peter Greco (Of Counsel-Orlando, FL), and Donna Krusbe (Of Counsel-West Palm Beach, FL) obtained a full dismissal with prejudice in a federal product liability case arising from a fatal vehicle crash. The firm represented a component parts manufacturer accused of designing and supplying a defective trailer axle alleged to have contributed to the incident. The plaintiff alleged that a defective trailer axle required the decedent to stop on the highway, and that resulted in the decedent being struck by another motorist.  Nick, Peter, and Donna successfully argued that there was an unrelated motor vehicle collision that was the true proximate cause of the collision with the decedent, and it was unforeseeable that an alleged axle failure could result in a death under those circumstances. The United States District Court for the Middle District of Florida agreed and dismissed all claims with prejudice. 

Nicholas D. Freeman, J. Peter Greco and Donna M. Krusbe

Greco Successfully Defends Airline in Passenger Dispute over Refund

Pete Greco (Associate-Orlando, FL) obtained a defense verdict in a bench trial in County Court of the Fourth Judicial Circuit for an airline client. A passenger alleged that because the future travel credit she was provided when she voluntarily cancelled her reservation did not work, she was entitled to a cash refund. Peter successfully argued that the client’s Contract of Carriage was binding, applicable and governing of the dispute, and that under that contract, the plaintiff was not entitled to a cash refund for a voluntarily cancelled reservation. Through an airline witness, Pete further demonstrated that the plaintiff had, in fact, successfully used portions of the future travel credit and demonstrated that the remaining portion of the future travel credit did not work only because the plaintiff insisted on selecting a flight with no available seats. The court found, based on his argument, that the plaintiff could have used the remaining portion of the future travel credit and was therefore not entitled to any further compensation. Finally, Pete successfully argued that the contract expressly barred the plaintiff from recovering any of the consequential damages she claimed for her alleged inconvenience.

J. Peter Greco