Horvitz & Levy LLP obtained a favorable result for its client in this personal injury lawsuit. Plaintiff Adam Martinez was electrocuted when a metal pole he was holding to measure trees came into contact with an overhead power line. Our client, Asplundh Tree Expert Company, had the responsibility of ensuring the trees did not grow too close to the power lines. Martinez sued Asplundh and sought damages exceeding $30 million. The jury sided with Asplundh, concluding that its conduct was not the cause of Martinez’s claimed injuries.
The California Court of Appeal (Fourth Appellate District, Division Three) affirmed. The Court of Appeal held that substantial evidence supported the jury’s finding that Asplundh’s conduct was not the cause of Martinez’s injuries. The Court of Appeal further held that alleged attorney misconduct by Asplundh’s trial counsel did not require a new trial.