Case Study: a construction company achieves summary judgment defense victory with FACS expert witness support

Construction Company avoids trial costs with FACS expert testimony in a 1,600-cubic-yard dust dispute

A building contractor was the defendant in a personal injury lawsuit filed by a university employee who claimed that improperly stored dirt from an excavation project caused him to contract a serious fungal disease. The contractor's attorneys engaged FACS for expert witness services to advise on the case and prepare a declaration concerning the nature of the infection.

FACS assigned a subject matter expert who provided a scientific declaration stating it was impossible to prove the contractor's liability with the available evidence. This expert testimony supported a successful motion for summary judgment, saving the expenses of a trial. The ruling in favor of the defendant was later affirmed on appeal, with the court praising the FACS expert as highly qualified.