Doing the impossible

I am pleased to announce that I just successfully settled a case for one of the most honorable men I have ever met.  He was employed by a temporary service,who, in turn, placed him at an industrial foundry.  My friend and client suffered a very significant hand injury resulting in RSD (now known as CRPS) – which is a permanent and painful condition.  My client received excellent workers compensation benefits, but nothing for pain and suffering.

My client consulted with numerous attorneys who all turned the case down on a legal principle (doctrine) known as the borrowed servant/common enterprise doctrine.  Essentially, the Minnesota Workers Compensation Statute bars or prevents lawsuits against the employer who hires a temporary worker.

I took the case.  The first thing I noticed was a huge technicality.  The Insurance Defense attorney failed to raise the defense (work comp borrowed servant) in their Answer to the complaint.  Arguably, under the rules of court, if you, as a defense attorney, do not raise a defense to a lawsuit, many courts find the defense to be waived (or given up).

Next, I did substantial research and consulted with an OSHA expert.  I took depositions of the President of the defendant company and his right-hand man.  The defense had a hearing scheduled to dismiss my guy’s entire case (scheduled for September 11,2014).  However, after doing much research, finding a technicality and knowing what answers I needed in depositions (interviews) to get around the onerous loaned servant rule, gave us an upper hand. End of story:  The defendant company and their insurance company declined to move forward with their motion to dismiss, and instead, offered a very equitable sum, resulting in a very successful settlement for my friend.  The moral of the story is that the attorney you hire, and his experience, makes all the difference in the world.  I encourage attorneys to not summarily reject cases when, at first look,they appear not winnable.

 

If you have any legal questions, call attorney Richard W. Hechter at 952-920-0840

Copyright 2015 Rich Hechter