Recent Accomplishments

Lavin v. Taco Bell Corporation, Placer County, California Superior Court, Case No. SCV 0030958
Summary judgment for defendant. February, 2013.
The plaintiff alleged that a four-year-old fell out of a chair at a Taco Bell Restaurant and ruptured her spleen due to a design defect in the chair. Litigation Management Counsel prepared a summary judgment motion, based upon products liability/premises liability law, which was granted by the court.

Zabaleta v. KFC Corporation, Cook County, Illinois Circuit Court, Case No. 2012L011267
Dismissal of case. February, 2013.
The plaintiff alleged that he slipped and fell in the restroom of a KFC Restaurant as a result of water on the floor. Litigation Management Counsel’s investigation revealed that plaintiff was involved in a prior similar incident at another fast food restaurant. Further investigation revealed additional evidence of fraud, and Litigation Management Counsel convinced plaintiff’s attorney to voluntarily dismiss the case.

Carmichael v. Pizza Hut of America, Inc., 13thJudicial District Court Hillsborough County, Florida, Case No. 08-28747
After four days of trial, plaintiff accepted pre-trial settlement offer. January, 2013.
The plaintiff was severely injured in an automobile accident. He sustained a traumatic brain injury; underwent 18 surgical procedures in the 6 years following the accident; alleged permanent disability; and demanded $10.5 million. Litigation Management Counsel coordinated a team of experts in accident reconstruction, bio-mechanics, orthopedics, neurology, life care planning, and economics. LMC designed and implemented the defense strategy, directed trial counsel, and oversaw all aspects of the case. LMC’s strategy resulted in a very favorable settlement for the client.

Bind-Rite Robbinsville v. E.R. Smith Associates, Inc., American Arbitration Association
Award for defendant after four day hearing before panel of three arbitrators. January, 2013.
The claimant sought hundreds of thousands of dollars in damages for breach of contract, and defendant counterclaimed. Litigation Management Counsel successfully defended the main claim and prosecuted the counterclaim, resulting in a significant award of damages to its client.

Collins v. Pizza Hut of America, Inc., Superior Court Maricopa County, Arizona, Case No. CV 2009-014637
Plaintiff voluntarily dismissed lawsuit and paid defendant its costs as sanctions. December, 2012.
The plaintiff was operating his motor vehicle when he was struck by the defendant’s employee. The accident caused severe injuries to the plaintiff, including six broken ribs, a punctured lung, three fractured vertebrae, a fractured pelvis, and a traumatic brain injury. The plaintiff’s demand was in the seven figures. Litigation Management Counsel investigated the accident within 24 hours and coordinated the accident reconstructionist and human factors experts to develop a computer simulation of the accident. Through aggressive targeted discovery, LMC compelled the plaintiff to dismiss his case on the eve of trial.

Leach v. Taco Bell of America, Orange County Superior Court, Case No. 302010000436671
Defense verdict after a two week jury trial. December, 2012.
The plaintiff alleged that a food borne illness had caused diabetic ketoacidosis and shortened his lifespan by several years, and he made a $7 million demand to the jury. Litigation Management Counsel retained highly regarded experts in the fields of food borne illness and endocrinology, and further defended the case based upon its client’s comprehensive and exhaustive food safety practices.

Burke v. KFC Corporation, McHenry County, Illinois Circuit Court, Case No. 11LA134
Summary judgment for defendant. December, 2012.
The plaintiff alleged that she slipped and fell on grease on the floor inside a KFC restaurant, sustaining a broken humerus that required surgery. Litigation Management Counsel prepared a summary judgment motion based upon premises liability law, which was granted by the court.

Newby v. Taco Bell of America, United States District Court for the Northern District of Indiana, Case No. 1:11-CV-411
Successful mediation. December, 2012.
A Taco Bell maintenance employee was involved in an automobile accident involving three fatalities. Litigation Management Counsel developed a defense based upon the employee’s medical condition, and retained a highly regarded cardiologist from the University of Michigan to serve as the defense expert. The case was successfully resolved through mediation.

Hawkins v. KFC, General District Court, City of Norfolk, Virginia, Case No. GV 11-050098-00
Defendant’s verdict. September, 2012.
The plaintiff alleged a food borne illness causing permanent brain injury. Litigation Management Counsel coordinated a discovery strategy that resulted in the plaintiff ultimately being unable to establish causation at trial.

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Litigation Management Counsel's aggressive cost saving strategies saved YUM over $2 million in Legal Fees. This savings enabled KFC, Pizza Hut and Taco Bell to enjoy higher profit margins and thereby improved results for YUM investors!

Don Becker, Counsel
YUM! Brands Inc.