Overview
Matter Summary
Defended a federal government contractor in a District of Columbia tort action arising from work performed at a federal facility. The team developed and presented the District's distinctive contributory negligence defense, which bars plaintiff recovery upon any finding of plaintiff fault. The jury returned a defense verdict, preserving the client's federal contracting relationships and establishing favorable precedent for similar contractor defense matters.
Contributory Negligence Strategy
The District of Columbia is one of only five United States jurisdictions retaining contributory negligence, joining Alabama, Maryland, North Carolina, and Virginia. Under the doctrine, any contribution by the plaintiff to the injury at issue bars recovery in full. The team built the defense on three evidentiary pillars: the plaintiff's pre-injury conduct at the federal facility, the operational record of safety briefings, and contemporaneous documentation of the plaintiff's choices preceding the alleged injury.
Defense Verdict
The jury returned a defense verdict for the contractor. The verdict cleared the client of liability and avoided damages exposure that would have followed an adverse finding under comparative-fault frameworks applicable elsewhere. The result preserved the client's federal contracting relationships and provides a documented defense precedent for similar contractor matters in District of Columbia tort litigation.
Engagement Details
The Record, at a Glance
Every matter leaves a record of how it actually unfolded. The particulars below belong to this engagement alone, not a preview of what any other matter might hold.
- Outcome
- jury-verdict
- Resolution
- Won a defense jury verdict in DC Superior Court for a federal government contractor in a tort action arising from work performed at a federal facility. The defense relied on the District of Columbia's contributory negligence doctrine, one of only five US jurisdictions retaining the rule, to defeat the plaintiff's recovery on the trial record.
- Geography
- DC, US
- Resolved
- May 4, 2023
- Duration
- 21 months
- Attorneys
- Diane Lockhart
Past results do not guarantee, warrant, or predict a similar outcome in any future matter. Every engagement is unique and must be evaluated on its own facts and circumstances.
Its own facts, its own strategy.
Talk to Our Litigation Team
Liability rules differ by jurisdiction, and no two disputes share the same record. If a matter like this touches your business, our Commercial Litigation attorneys can discuss what your situation involves.