Attorneys Kevin Moloughney and Matthew Zmijewski Successfully Defend Complicated Wrongful Death Lawsuit


Collins Einhorn attorneys Kevin P. Moloughney and Matthew J. Zmijewski successfully defended a complicated wrongful-death lawsuit in Oakland County Circuit Court.

The automobile-negligence action arose from a pedestrian-vehicle accident in October 2016. The plaintiff’s decedent suffered numerous injuries that led to his death. Moloughney and Zmijewski carefully analyzed the events giving rise to this tragic accident and developed an effective defense theory based on the pedestrian’s comparative fault. They filed a successful pre-trial motion to substantially limit the plaintiff’s potential economic damages.

In a seven-day jury trial, the plaintiff sought $5 million for pain and suffering, loss of services, and lost society and companionship. Moloughney took the lead at trial. He used visual aids and demonstrative technology in his opening, effectively cross-examined the plaintiff’s expert witnesses, and delivered a simple and persuasive closing statement. The jury returned a verdict after only a few hours of deliberation. It concluded that the plaintiff had no valid cause of action. The result: Moloughney and Zmijewski’s client was not liable.

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