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Lowry Saves Retailer Entire Legal Spend through Tender

October 13, 2017

Michael Lowry (Partner-Las Vegas) defended a national off-price retailer in a Nevada state court from a lawsuit filed by a trucker who fell while unloading his truck at the store. During deposition, the trucker testified that he had sole responsibility for unloading the truck and that he fell when a dock plate shifted. He had the sole responsibility for placing the dock plate and could have stopped work at any point to reposition the plate if needed. After the deposition, Michael tendered the store's defense to the driver's employer. The contract between the store and the trucking company required the trucking company to defend and indemnify the store in this type of situation. The trucking company subsequently settled the case with its own funds and then reimbursed the store for its legal expenses per the contract. The store's net legal spend was $0.

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