Factual Development Wins Cases

November 2010

While riding his ATV in the woods, the plaintiff alleged that he rolled the vehicle and sustained catastrophic injuries from a branch that pierced his eye and lodged in the center of his brain. The plaintiff further claimed that he walked a quarter of a mile from the accident scene to the home of his girlfriend and called for help. He later brought suit against various parties, including the manufacturer of the ATV. Claiming that his injuries resulted from a defect in the vehicle.

In an extremely unusual move the case was trifurcated into three phases. The first of which was to determine whether in fact the plaintiff sustained his injuries while operating the ATV. If no liability was found. The case would be over and no damages would be awarded.

While the case was in discovery, The plaintiff had remnants of the wood removed from his brain to aid him in his recovery. The defense requested that the wood be examined forensically by a wood expert who micro-analyzed the fragments. This defense expert not only determined that the wood removed from the plaintiff’s brain was varnished but also that the pattern found was inconsistent with those found in a branch (the wood did not contain a pith or center as branches do). As a result of this evidence and through additional investigation. Campbell Trial Lawyers proved that his injuries occurred by different means most likely that he had in fact been stabbed by his girlfriend.

Based on this methodical development of facts. The jury found that the accident did not occur while driving the ATV. Securing another defense win for Campbell Campbell Edwards & Conroy, P.C.

This case was written up in The National Law Journal.


Campbell, James M.




Products Liability Defense