Kathryn Anne Grace

Obtained jury verdict in a case where plaintiff claimed damage to his aircraft was caused by client repair facility actions. Prior to trial, the court dismissed claims of conversion and statutory violations. During trial, the court dismissed the breach of contract claim in response to a motion for directed verdict, leaving the jury to decide the remaining claim of breach of bailment contract. After two hours, the jury found unanimously in favor of our clients. The Supreme Court of Virginia denied plaintiff’s petition to appeal.

Obtained dismissal of major airline in response to its employee’s claim of negligence in failing to adequately sanitize the premises where mandatory training occurred, causing her to contract COVID-19 and transmit it to her husband. The employee’s husband allegedly died from COVID-19 shortly thereafter. The court agreed the airline did not owe a duty to the employee’s husband and dismissed the suit.

Obtained a unanimous defense verdict in a case in which the plaintiff alleged that an elevator's emergency backup power malfunctioned causing the elevator to "drop." With a demand of $1.9 million in damages, we convinced the court to exclude injuries suffered by another passenger and critical opinions of the plaintiff's elevator expert opinion due to a deficient expert designation under Virginia law. 

Obtained dismissal of premises liability suit by responding to the complaint by filing a plea in bar based on the exclusivity provision of the Virginia Workers’ Compensation Act, arguing that the insureds met the definition of “statutory employer” under Va. Code § 65.2-307, thereby rendering the plaintiff’s suit barred.

Obtained a voluntary dismissal without any monetary consideration for a client involved in a fatal car accident that resulted in the death of the other vehicle’s driver and serious injuries to the passenger of that vehicle, the plaintiff. After interviewing numerous officers that responded to the scene and deposing an eyewitness to the incident, Wilson Elser attorneys convinced the plaintiff to dismiss the case without any monetary consideration.

Obtained dismissal of a premises liability case where the plaintiff sought $500,000 for injuries sustained after she allegedly slipped and fell at a public retail establishment. Kathryn first moved to quash service on the defendants because the proof of service was facially defective in two ways: 1) it identified a wrong physical address for the defendant, and 2) it identified someone who was not an authorized designate accepted service. The plaintiff missed the statute of limitations by naming improper parties as defendants and failing to notify the correct defendants of institution of the suit in a timely manner, and then failed to re-attempt service within the mandated period permitted by statute. Kathryn successfully moved to dismiss the entire case with prejudice.