Foley, Baron, Metzger & Juip, PLLC is proud to announce a favorable trial outcome secured by FBMJ Member, Anthony D. Pignotti, on behalf of our client, an Assistant Store Manager of a large national retail chain.

The lawsuit arose out of a price dispute with a customer that escalated into a physical altercation, all captured on the store’s surveillance video. The customer pursued criminal charges, which resulted in misdemeanor convictions against the Assistant Store Manager, followed by a civil suit seeking more than $6 million in damages against our client and the store. In addition to the negligence claim against our client, the plaintiff also pursued claims of negligent hiring, training, supervision, and intervention against the store, as well as a claim of racial discrimination under Michigan’s Elliott-Larsen Civil Rights Act.

The case was removed to Federal Court and presented enormous challenges: damaging video evidence, prior criminal convictions, and highly charged allegations of racial discrimination. At trial, Pignotti confronted these challenges head-on.  Through thorough preparation, careful presentation of context, and incisive cross-examination, Pignotti successfully undermined the credibility of key claims, narrowed the focus for the jury, and drastically limited the scope of the plaintiff’s damages.

Following a week-long jury trial in the U.S. District Court for the Eastern District of Michigan, the jury returned a verdict in favor of the store, and awarded only a few thousand dollars in damages against our client—an outcome that represented a minute fraction of the millions of dollars demanded by the plaintiff.

This result reflects Pignotti’s strategy in the face of a difficult case, as well as the effectiveness of his trial advocacy.  By remaining civil, thorough, and exceptionally well-prepared, he achieved a result that insulated our client from substantial financial exposure and helped to preserve the reputation of the store.

For more information about our complex litigation practice, please contact Anthony D. Pignotti at (734) 742-1800 or via e-mail to apignotti@fbmjlaw.com.