Portrait of Edward S. Bott, Jr.

Edward S. Bott, Jr.

Partner | Co-Group Leader, Product Liability

ebott@ubglaw.com
St. Louis – 314.516.2690
Southern Illinois
Mobile – 314.488.1314

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  • Obtained two defense verdicts on behalf of a tire manufacturer in trials over plaintiff’s claims related to motorcycle crashes: one in which plaintiffs in Washington state sought more than $25 million after a motorcycle accident that caused serious brain injury and one in which the family of a Wisconsin man killed in a Wyoming motorcycle crash alleged tire defects had caused the fatal incident.
  • Obtained summary judgment for a tire manufacturer in a case pending in the U.S.D.C, Northern District of Indiana after successfully excluding Plaintiff’s liability expert under Daubert principles.  The case was affirmed by the Seventh Circuit.  Timm v. Goodyear Dunlop Tires North America Ltd.
  • Obtained a defense verdict on behalf of a hospital system and two neurosurgeons in a multimillion-dollar wrongful-death medical malpractice case.
  • Obtained a defense verdict for a major tractor-trailer manufacturer over allegations of design defects in the back of cab access, causing serious injuries to the operator.
  • Won a defense verdict in a case involving an alleged design defect in the operator seat and suspension system of a shuttle car used to haul coal in underground mining operations. This result ultimately led the plaintiff’s counsel to abandon another 50 cases involving the same product and design theories.
  • Obtained a defense verdict on behalf of an automotive manufacturer in a trial involving claims that defects in design and manufacture led to a crash that caused injuries to the plaintiff and the death of the plaintiff’s spouse.
  • Obtained a defense verdict after a plaintiff alleged burn injuries due to the faulty design of a consumer product.
  • Obtained a defense verdict for an Illinois hospital in a claim brought on behalf of a fetus alleging injuries and total damages over $10 million as a result of the exposure in utero to I-131 iodine used to diagnose thyroid cancer in the mother.
  • Obtained a defense verdict for an Illinois hospital and emergency physician in a claim alleging delay in treatment caused the death of a 50-year-old woman.
  • Defended Exxon in a workers’ compensation retaliatory discharge claim that was removed to federal court. A jury found in favor of Exxon. On appeal, the 7th Circuit Court of Appeals held that a workers’ compensation retaliatory discharge claim does not arise under Illinois’ workers’ compensation laws and is thereby not barred from removal by 28 USC §1445(c). The plaintiff petitioned the U.S. Supreme Court for leave to appeal, which was denied.Spearman V. Exxon Coal USA, Inc., 16 F. 3d 722 (7th Circuit, 1994).
  • A trial court granted summary judgment to Exxon Coal on a plaintiff’s claim that the company’s drug and alcohol policy violated his rights under the ADA. The trial court decision was affirmed by the 7th Circuit. Huels v. Exxon Coal USA, Inc., 121 F. 3d 1047 (7th Circuit, 1997).
  • Defended Exxon Coal after two former employees brought a suit alleging age discrimination as part of a reduction in force. Before and through the course of a five-week jury trial, Exxon Coal was awarded summary judgment on several of the plaintiffs’ claims. The jury found that the plaintiffs were not terminated because of their age. The 7th Circuit affirmed the lower court decisions in their entirety. Sauzek v. Exxon Coal USA, Inc. 202 F. 3d 913 (7th Circuit, 2000).
  • Defended Kmart in a lawsuit brought by a former employee alleging retaliatory discharge as a result of whistleblower activity. The district court granted summary judgment to the employer. The 7th Circuit affirmed on appeal. Bourbon v. Kmart Corp., 2000 WL 109216 4 (7th Circuit, 2000).

Experience

  • Obtained two defense verdicts on behalf of a tire manufacturer in trials over plaintiff’s claims related to motorcycle crashes: one in which plaintiffs in Washington state sought more than $25 million after a motorcycle accident that caused serious brain injury and one in which the family of a Wisconsin man killed in a Wyoming motorcycle crash alleged tire defects had caused the fatal incident.
  • Obtained summary judgment for a tire manufacturer in a case pending in the U.S.D.C, Northern District of Indiana after successfully excluding Plaintiff’s liability expert under Daubert principles.  The case was affirmed by the Seventh Circuit.  Timm v. Goodyear Dunlop Tires North America Ltd.
  • Obtained a defense verdict on behalf of a hospital system and two neurosurgeons in a multimillion-dollar wrongful-death medical malpractice case.
  • Obtained a defense verdict for a major tractor-trailer manufacturer over allegations of design defects in the back of cab access, causing serious injuries to the operator.
  • Won a defense verdict in a case involving an alleged design defect in the operator seat and suspension system of a shuttle car used to haul coal in underground mining operations. This result ultimately led the plaintiff’s counsel to abandon another 50 cases involving the same product and design theories.
  • Obtained a defense verdict on behalf of an automotive manufacturer in a trial involving claims that defects in design and manufacture led to a crash that caused injuries to the plaintiff and the death of the plaintiff’s spouse.
  • Obtained a defense verdict after a plaintiff alleged burn injuries due to the faulty design of a consumer product.
  • Obtained a defense verdict for an Illinois hospital in a claim brought on behalf of a fetus alleging injuries and total damages over $10 million as a result of the exposure in utero to I-131 iodine used to diagnose thyroid cancer in the mother.
  • Obtained a defense verdict for an Illinois hospital and emergency physician in a claim alleging delay in treatment caused the death of a 50-year-old woman.
  • Defended Exxon in a workers’ compensation retaliatory discharge claim that was removed to federal court. A jury found in favor of Exxon. On appeal, the 7th Circuit Court of Appeals held that a workers’ compensation retaliatory discharge claim does not arise under Illinois’ workers’ compensation laws and is thereby not barred from removal by 28 USC §1445(c). The plaintiff petitioned the U.S. Supreme Court for leave to appeal, which was denied.Spearman V. Exxon Coal USA, Inc., 16 F. 3d 722 (7th Circuit, 1994).
  • A trial court granted summary judgment to Exxon Coal on a plaintiff’s claim that the company’s drug and alcohol policy violated his rights under the ADA. The trial court decision was affirmed by the 7th Circuit. Huels v. Exxon Coal USA, Inc., 121 F. 3d 1047 (7th Circuit, 1997).
  • Defended Exxon Coal after two former employees brought a suit alleging age discrimination as part of a reduction in force. Before and through the course of a five-week jury trial, Exxon Coal was awarded summary judgment on several of the plaintiffs’ claims. The jury found that the plaintiffs were not terminated because of their age. The 7th Circuit affirmed the lower court decisions in their entirety. Sauzek v. Exxon Coal USA, Inc. 202 F. 3d 913 (7th Circuit, 2000).
  • Defended Kmart in a lawsuit brought by a former employee alleging retaliatory discharge as a result of whistleblower activity. The district court granted summary judgment to the employer. The 7th Circuit affirmed on appeal. Bourbon v. Kmart Corp., 2000 WL 109216 4 (7th Circuit, 2000).

Experience

  • Obtained two defense verdicts on behalf of a tire manufacturer in trials over plaintiff’s claims related to motorcycle crashes: one in which plaintiffs in Washington state sought more than $25 million after a motorcycle accident that caused serious brain injury and one in which the family of a Wisconsin man killed in a Wyoming motorcycle crash alleged tire defects had caused the fatal incident.
  • Obtained summary judgment for a tire manufacturer in a case pending in the U.S.D.C, Northern District of Indiana after successfully excluding Plaintiff’s liability expert under Daubert principles.  The case was affirmed by the Seventh Circuit.  Timm v. Goodyear Dunlop Tires North America Ltd.
  • Obtained a defense verdict on behalf of a hospital system and two neurosurgeons in a multimillion-dollar wrongful-death medical malpractice case.
  • Obtained a defense verdict for a major tractor-trailer manufacturer over allegations of design defects in the back of cab access, causing serious injuries to the operator.
  • Won a defense verdict in a case involving an alleged design defect in the operator seat and suspension system of a shuttle car used to haul coal in underground mining operations. This result ultimately led the plaintiff’s counsel to abandon another 50 cases involving the same product and design theories.
  • Obtained a defense verdict on behalf of an automotive manufacturer in a trial involving claims that defects in design and manufacture led to a crash that caused injuries to the plaintiff and the death of the plaintiff’s spouse.
  • Obtained a defense verdict after a plaintiff alleged burn injuries due to the faulty design of a consumer product.
  • Obtained a defense verdict for an Illinois hospital in a claim brought on behalf of a fetus alleging injuries and total damages over $10 million as a result of the exposure in utero to I-131 iodine used to diagnose thyroid cancer in the mother.
  • Obtained a defense verdict for an Illinois hospital and emergency physician in a claim alleging delay in treatment caused the death of a 50-year-old woman.
  • Defended Exxon in a workers’ compensation retaliatory discharge claim that was removed to federal court. A jury found in favor of Exxon. On appeal, the 7th Circuit Court of Appeals held that a workers’ compensation retaliatory discharge claim does not arise under Illinois’ workers’ compensation laws and is thereby not barred from removal by 28 USC §1445(c). The plaintiff petitioned the U.S. Supreme Court for leave to appeal, which was denied.Spearman V. Exxon Coal USA, Inc., 16 F. 3d 722 (7th Circuit, 1994).
  • A trial court granted summary judgment to Exxon Coal on a plaintiff’s claim that the company’s drug and alcohol policy violated his rights under the ADA. The trial court decision was affirmed by the 7th Circuit. Huels v. Exxon Coal USA, Inc., 121 F. 3d 1047 (7th Circuit, 1997).
  • Defended Exxon Coal after two former employees brought a suit alleging age discrimination as part of a reduction in force. Before and through the course of a five-week jury trial, Exxon Coal was awarded summary judgment on several of the plaintiffs’ claims. The jury found that the plaintiffs were not terminated because of their age. The 7th Circuit affirmed the lower court decisions in their entirety. Sauzek v. Exxon Coal USA, Inc. 202 F. 3d 913 (7th Circuit, 2000).
  • Defended Kmart in a lawsuit brought by a former employee alleging retaliatory discharge as a result of whistleblower activity. The district court granted summary judgment to the employer. The 7th Circuit affirmed on appeal. Bourbon v. Kmart Corp., 2000 WL 109216 4 (7th Circuit, 2000).