Tampa Attorney A. Michael Perotti obtained a dismissal with prejudice in the United States District Court for the Middle District of Florida on behalf of our client that manufactures aftermarket batteries.
Plaintiff suffered a serious, permanent injury after he fell off his electric “one-wheel” skateboard that was equipped with an aftermarket battery manufactured by our Client. Plaintiff alleged the device unexpectedly shut down while he was riding it at significant speed. Plaintiff’s injuries included a punctured lung, six fractured ribs, and a fractured clavicle that required multiple surgeries with nerve damage and permanent diminished use of his arm. Plaintiff further alleged that the board design had a defect which was only accentuated by defects and design flaws in the aftermarket battery, which caused the unexpected shut down. Subsequently, Plaintiff filed the action and named both our client and the electric “one wheel” skateboard manufacturer for claims of alleged negligence in product defect, failure to warn, breach of manufacturer’s warranty and strict liability.
In defense of our client, Michael utilized written discovery and deposition testimony to expose the substantive deficiencies in the claims, and raised a significant spoliation issue with regard to how the battery was maintained following the incident. Facing several evidentiary conflicts and potential sanctions, Plaintiff stipulated to a voluntary dismissal in favor of our client in October 2022. Therefore, Michael obtained a full dismissal on behalf of our client while Plaintiff and the other named Defendant reached a monetary settlement.
Michael focuses his legal practice on general liability matters. He also handles first- and third-party insurance defense claims, as well as matters in the areas of commercial disputes and breach of contract, negligent security, personal injury and wrongful death.
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