Rosie Badgett

Representative matters:

• Defended an appeal from a trial court’s ruling on a demurrer without leave to amend in a toxic exposure case that was filed outside of the statute of limitations. Demurrer was granted as the plaintiffs had filed another suit for life insurance proceeds for the same alleged injuries. The trial court took judicial notice of the unrelated suit and determined the wrongful death suit was untimely filed. The trial court’s ruling was upheld on appeal.
• Successfully leveraged a five-figure settlement in a case with a high six-figure demand by proving that the decedent in an asbestos case did not have mesothelioma. The plaintiffs failed to disclose the existence of an autopsy wherein the medical examiner determined decedent, who had an 85-pack per year smoking history, had lung cancer. The plaintiffs attempted to prevent the client from taking the deposition of the medical examiner, and lost their motion for protective order. After the deposition was completed, the demand was significantly reduced prior to trial.
• In the face of a seven-figure demand for a plaintiff who ingested fertilizer and suffered a catastrophic brain injury, Rosie was able to negotiate a five-figure settlement. To leverage the settlement, Rosie renewed a personal jurisdiction motion that was taken off calendar by prior counsel. In the face of the renewed motion, the plaintiff took the reduced settlement.
• Accomplished a complete dismissal for another client on personal jurisdictional grounds in the face of a multi-million dollar-demand in a catastrophic brain injury case.
• Secured a dismissal of a multi-million-dollar CERCLA-based contamination case via a motion for judgment on the pleadings. The gravamen of the plaintiff’s claims was that the firm’s clients failed to identify existing contamination at the subject property, and that the plaintiff would not have purchased the property had the Phase I site assessment properly identified the contamination. Investigation into real property records regarding the purchase of the property confirmed the inconsistent timeline plied in the plaintiff’s complaint and that they had indeed completed the property purchase before the Phase I was performed.
• Secured a resolution while acting as first-chair in an asbestos trial in Los Angeles County, notwithstanding an eight-figure demand. Rosie was partially successful on summary judgment, limiting the plaintiff’s claims to one cause of action, and leveraged an appeal and motion to bifurcate trial on other legal issues to drive down the plaintiff’s demand. The case resolved prior to jury selection.