Mr. Cass obtained a defense verdict for his client, a general contractor, who was being sued for millions in a serious personal injury suit. The sheet metal worker plaintiff alleged that the contractor had improperly placed and installed a safety gate, which he was opening from atop a ladder, when he fell eighteen feet, crushing his left heel, ankle, and left elbow. Four other defendants settled a week before the trial, leaving Mr. Cass to face three plaintiff's attorneys, their experts, and the plaintiff's co-workers, who testified that opening the safety gate while standing on the ladder was dangerous and who were critical of the gate's placement. After a jury trial that lasted from May 5-14, 2008, the jury found in the defendant's favor. The case was tried in Civil District Court for Orleans Parish, which is a notoriously unfriendly forum for defendants.
Joseph Vitari v Lou Con et. al, New Orleans, Civil District Court