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The Hidden Warning Label that Won $19M, with Mike Calder and Jon Perry
Manage episode 478557818 series 3490836
"We don't know and we don't care how Mike came into contact with that raft," trial lawyer Mike Calder told jurors in a case many attorneys had rejected. In this conversation with host Brendan Lupetin, Mike and trial partner Jon Perry of Perry Calder dissect their $19 million verdict for a 21-year-old who became quadriplegic after a swimming pool accident. Originally signing the case with limited expectations, the team persevered after homeowners who initially expressed responsibility later denied fault. Tune in as they reveal how they overcame premises liability challenges, identified a critical warning label, and built a case that resonated deeply with jurors.
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- In July 2013, college student Michael Fraser became quadriplegic after hitting his head in a swimming pool accident involving a large inflatable raft that propelled him unexpectedly into the shallow end.
- When other attorneys declined the case, Mike Calder met with the family after learning that the homeowners had allegedly expressed responsibility for the accident to the victim's mother.
- Mike and Jon found a hook for the case when they discovered that the raft had a warning label stating "never allow diving on this raft" - a warning the homeowners had covered up with handles used to tow the raft behind their boat.
- The team called the homeowners as hostile witnesses, establishing they knew the warning, had covered it up, and were unwilling to admit wrongdoing – even testifying they would do nothing differently in the future.
- Despite receiving no settlement offers and facing complex appellate challenges after the verdict, the team ultimately collected on the full judgment, which had grown with interest to more than the initial $19 million.
Ready to refer or collaborate on med mal, medical negligence, and catastrophic injury cases? Visit our attorney referral page at PAMedMal.com/Refer. We handle cases in Pennsylvania and across the United States.
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