FRESNO, CALIF. (Nov. 7, 2022) – Marking a new victory for nationwide insurance and civil litigation defense firm Tyson & Mendes LLP, a Kings County Superior Court has granted a motion for summary judgment in favor of the defendant and firm client, a well pump designer and manufacturer, sued for $15 million in damages after the explosion of a water storage tank in Lemoore.
The ruling in Licea v Neal, et al (21C-0195) found no evidence to support claims that the defendant’s pump, which was being used to pump water from an underground well into a storage tank above ground, could have caused an explosion which resulted in serious injuries.
According to Michael Lehman, the Fresno-based Tyson & Mendes partner who defended the case, the plaintiffs were residents of the home where the explosion occurred. “One child was physically injured in the explosion, sustaining a serious head injury, including removal of part of his scalp, and the other family members made emotional distress claims as a result of witnessing the event or the immediate aftermath of the event.”
As a result of extensive research and a professional inspection of the well pump and its parts, Tyson & Mendes attorneys were able to prove that it was not possible that the explosion occurred as a result of a manufacturing or design defect or a failure to warn and that the pump was operating at the proper pressure at the time of the explosion.
“While we are extremely sympathetic toward the plaintiffs and their distressing experience, we successfully argued that our client had no culpability in this incident,” said Lehman. “Through careful investigation and analysis, we proved there was no liability under either general negligence or products liability principles by our client. Furthermore, no evidence was submitted to controvert the factual and legal arguments we made in our motion.”
Tyson & Mendes is celebrating 20 years of protecting its clients’ interests and delivering justice both inside and outside the courtroom. The firm has established itself as a leader in driving down damages awards and reducing the likelihood of Nuclear Verdicts® – often defined as jury awards in excess of $10 million. Using a unique set of proven defense methods, the firm saved clients more than $667 million in 2021, and $611 million thus far in 2022.
For more information and to view career opportunities, visit www.tysonmendes.com.
About Tyson & Mendes LLP
Celebrating 20 years of taking back justice for all, Tyson & Mendes LLP is a nationwide, AV-rated litigation and trial firm specializing in insurance defense and protecting its clients from Nuclear Verdicts®. Robert Tyson and Patrick Mendes founded the firm in 2002 to defend corporations, insurance companies, and their clients in civil litigation matters. The firm has experienced tremendous growth in the past two decades, with offices across the U.S. serving clients in Arizona, California, Colorado, Connecticut, Florida, Iowa, Illinois, Massachusetts, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, Oregon, Tennessee, Utah, Washington, and Wisconsin.
The firm is most widely recognized for winning the landmark Howell v. Hamilton Meats California Supreme Court case, which forever changed the state’s litigation landscape by significantly impacting the damages a plaintiff may recover. Robert Tyson is also the author of the Amazon Bestseller Nuclear Verdicts®: Defending Justice for All, the first playbook for the defense on how to avoid runaway jury verdicts.
For more information, visit www.tysonmendes.com.
Ashley Bendas/Jean Walcher, J. Walcher Communications
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