Plaintiff recently voluntarily dismissed a count against a CLG client, in response to a motion for summary judgment filed by the firm. In that matter – filed in the City of St. Louis circuit court – plaintiff alleged in excess of $1,000,000 in damages due to a defective product, comprising orthopedic injuries and a closed head injury resulting in long-term cognitive deficits. The firm argued that a res ipsa loquitor claim should fail as a matter of law, because plaintiff could not prove that the firm’s client had the requisite control over the product. Rather than allow the motion to proceed to argument, plaintiff dismissed the res ipsa loquitor count.
