Police Officer's Injury No Fault of Training Company

Obtained a defense verdict in Philadelphia's Court of Common Pleas after a six-day trial. The defense represented a company with a 20-year history of teaching defensive tactics to police, military and federal law enforcement. The company was providing training to police officers of a national railroad service provider when an extremely out-of-shape officer was injured during the warm-up exercises. The officer suffered a rotator cuff tear which required surgery and resulted in full disability. The case against the co-defendant railroad service provider was brought under the Federal Employers Liability Act which does not allow any evidence of collateral source.  The plaintiff's claim was that the warm-up exercises performed on a concrete floor were dangerous and served no purpose. To rebut this, the defense had two trainers and the husband and wife owners of the company demonstrate the exercises and how those maneuvers translate into weapon retention training, etc.  In one exercise, two individuals sit back-to-back and then stand up without either using their hands. The purpose is to teach balance using the other person's momentum. The demand going into trial was $700,000. Counsel for the railroad service provider made repeated attempts to get our client to settle which was declined. The 12-person jury found in favor of both defendants. After the trial, the jury foreman said the jurors tried the demonstrated exercises and that made the difference.