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  • Home
  • Our People
  • Practice Areas
    • Admiralty and Maritime
    • Class Action and Multi-District Litigation
    • Commercial Law
    • Drug and Medical Device Litigation
    • Electronic Discovery
    • Employment Law
    • Environmental Law
    • Health Law
    • Mediation and Arbitration
    • Privacy and Data Security
    • Product Liability
    • Professional Liability
    • Transportation
  • Employment
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Fox Smith Wins Marine Case Tried On Damages Only

  • Fox Smith
  • November 1, 2014

After a series of collisions to a river dock, the dock owner sued Fox Smith’s towing company client. The dock owner claimed over $1.6 million in damages for lost profits and replacement of the destroyed facility. After examining the facts of the case, Ron Fox recommended admitting liability to focus the defense on the plaintiff’s various damage claims. With client consent, liability was admitted, and the case was tried in Federal Court on damages only. Ron Fox and Laura Robb argued the lost profits claim was speculative and the cost of repair/replacement should be reduced due to significant depreciation. The defense offered the testimony of four damage experts and vigorously attacked plaintiff’s lost profit expert, Leroy Grossman. The Court agreed with the defense and awarded only $185,000 for property damages and awarded no lost profits. No appeal was filed.

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