Insights
2022 Offers of Judgement: Being Proactive on Both Sides
January 7, 2022
Kevin Mulvaney focuses his practice on catastrophic transportation negligence, professional liability, errors and omissions, and directors and officers matters. He also has substantial experience handling high-exposure cases in the areas of trucking, product liability and Michigan No-Fault. Kevin has tried more than 20 cases to verdict, as well as numerous arbitrations, in a variety of matters, including wrongful death, catastrophic injury, and professional liability.
Kevin represents large and small transportation companies, insurance companies, and commercial businesses. Kevin also serves as the firm’s national coordinating counsel for a leading facility maintenance company, a multinational inventory specialist company, and a prominent multinational health care company. In addition, he serves as national emergency response counsel for one of the largest foodservice wholesale & distribution companies in the country, where he regularly assists in the pre-suit liability investigations to advise the client of the best possible options before suit is filed. Kevin also regularly assists his clients in OSHA and other workplace investigations and proceedings.
Due to the high-exposure nature of Kevin’s caseload, he is well versed in advising his clients when media inquiries are made. Kevin advises his team to think “outside the box” when developing litigation strategy in order to keep the other side on its toes. Notably, Kevin co-authored “Keys to the Attorney-Client Relationship: Communication, Exceeding Expectations and Adding Value,” DRI Young Lawyers Handbook.
Kevin has been recognized by Super Lawyers as a “Rising Star” and is a member of the Oakland County Bar Association Fellows Program, an invitation-only organization committed to ensuring access to justice and maintaining the honor and integrity of the profession of law. Kevin is a Past President of the Michigan Chapter of the Claims and Litigation Management (CLM) Alliance as well as a past member of the Professional Liability Underwriters Society (PLUS) Midwest Board of Directors. He is a frequent guest lecturer for corporations as part of their training programs and for international special events.
Transportation, Cargo & Logistics
Kevin is a sub-chair of Wilson Elser’s Transportation Practice, which boasts more than 250 attorneys nationwide. Kevin has successfully defended high-value transportation cases involving a wide range of issues, including death, traumatic brain injury, and quadriplegia. In addition, Kevin has advised and defended clients with respect to commercial transportation compliance and regulatory issues. He has extensive experience in emergency response scenarios and is available 24/7, along with Wilson Elser’s nationwide emergency response team, to immediately deploy to the scene of a catastrophic event to undertake an investigation of the evidence at hand and direct investigators and experts to evaluate the accident for possible exposure and defenses.
Product Liability & General Liability
Kevin has extensive experience defending both product liability and general liability matters for a range of Fortune 500 companies as well as international clients. In addition, Kevin has the honor of serving as national coordinating counsel for a leading facility maintenance company for general liability and commercial litigation matters. Kevin leverages his experience along with Wilson Elser’s vast resources to effectively defend against claims, while seeking alternative paths to resolve them quickly and effectively. His vast product liability experience includes defending manufacturers and sellers of consumer items such as computers, internal and external battery packs, bicycles, food items, HVAC units and power tools, as well as manufacturers of commercial items such as commercial saws, commercial tires, retread tires, fall protection devices and farming equipment.
Professional Liability
Kevin has represented a wide variety of clients in professional liability matters including legal malpractice of individual attorneys and law firms, errors & omissions involving insurance agents and brokers, and directors & officers actions involving condominium and homeowners’ associations and nonprofit organizations. Kevin has successfully defended a condominium owners’ association along with individual board members from a multimillion-dollar tortuous interference and indemnification lawsuit filed by a former board member.
Kevin Mulvaney focuses his practice on catastrophic transportation negligence, professional liability, errors and omissions, and directors and officers matters. He also has substantial experience handling high-exposure cases in the areas of trucking, product liability and Michigan No-Fault. Kevin has tried more than 20 cases to verdict, as well as numerous arbitrations, in a variety of matters, including wrongful death, catastrophic injury, and professional liability.
Kevin represents large and small transportation companies, insurance companies, and commercial businesses. Kevin also serves as the firm’s national coordinating counsel for a leading facility maintenance company, a multinational inventory specialist company, and a prominent multinational health care company. In addition, he serves as national emergency response counsel for one of the largest foodservice wholesale & distribution companies in the country, where he regularly assists in the pre-suit liability investigations to advise the client of the best possible options before suit is filed. Kevin also regularly assists his clients in OSHA and other workplace investigations and proceedings.
Due to the high-exposure nature of Kevin’s caseload, he is well versed in advising his clients when media inquiries are made. Kevin advises his team to think “outside the box” when developing litigation strategy in order to keep the other side on its toes. Notably, Kevin co-authored “Keys to the Attorney-Client Relationship: Communication, Exceeding Expectations and Adding Value,” DRI Young Lawyers Handbook.
Kevin has been recognized by Super Lawyers as a “Rising Star” and is a member of the Oakland County Bar Association Fellows Program, an invitation-only organization committed to ensuring access to justice and maintaining the honor and integrity of the profession of law. Kevin is a Past President of the Michigan Chapter of the Claims and Litigation Management (CLM) Alliance as well as a past member of the Professional Liability Underwriters Society (PLUS) Midwest Board of Directors. He is a frequent guest lecturer for corporations as part of their training programs and for international special events.
Ericson Enger (Associate-Jackson, MS), assisted by Kevin Mulvaney (Partner-Detroit, MI), secured summary judgment for a third-party sample vendor for warehouse stores in a liability action in the Circuit Court of Pulaski County, Arkansas. The plaintiff was injured after slipping on an unidentified substance in a warehouse store, and filed suit against the store and our client, alleging negligence against both. Pursuant to the terms of an executed services agreement, our client only had a duty to clean the area within 10 feet of the sample stands operated in the store by its employees. During discovery, the plaintiff reached a settlement with the store in return for a voluntary dismissal. Shortly thereafter, Ericson filed a motion for summary judgment wherein the team contended that, given the terms of the services agreement between our client and store, the plaintiff could not demonstrate that our client owed her an independent duty of care, nor could she establish the violation of such a duty. Ericson and Kevin supported their arguments with the testimony of a prior employee of our client who measured the distance between the plaintiff's fall and the sample stand he was operating. Ultimately, the court granted the motion for summary judgment, which resulted in substantial savings for the client, that, unlike the store, opted to defend the action as opposed to settling.
Ericson W. Enger and Kevin M. Mulvaney
Kevin Mulvaney (Partner-Detroit, MI) and Jeffery Sprys (Of Counsel-Detroit, MI) obtained summary judgment in the Wayne County Third Circuit Court, Detroit, Michigan, for Wilson Elser's client, an international retailer. In the amended complaint, the plaintiff alleges he was stabbed inside our client's Detroit store. The plaintiff allegedly visited the store to purchase shoes and speak with a store employee previously involved in a disagreement with the plaintiff's sister. The plaintiff and the store employee got into a physical altercation, resulting in the plaintiff being stabbed by the employee multiple times in the abdomen. The plaintiff underwent numerous surgeries at a local hospital and allegedly required extensive rehabilitation. The claims alleged in the complaint brought against Wilson Elser's client include negligence, gross negligence, recklessness, intentional infliction of emotional distress, negligent hiring, negligent training, negligent supervision and negligent infliction of emotional distress. During discovery, the plaintiff admitted to throwing the first punch and to having chased the employee throughout the store before sustaining any wounds. Kevin and Jeff argued that Michigan's Wrongful Conduct Rule bars recovery due to the plaintiff's culpability in starting the fight before being injured. They successfully maintained that the plaintiff's actions set in motion the foreseeable chain of events that led to his stabbing, with his actions the proximate cause of his injuries. The court concurred and dismissed the case, negating a last demand of $2.5 million.
Kevin M. Mulvaney and Jeffery S. Sprys