Campbell Campbell Edwards & Conroy obtain voluntary dismissal with prejudice for Lululemon Athletica
October 2013
James M. Campbell, of Campbell Campbell Edwards & Conroy, secured a voluntary dismissal by the plaintiff, with prejudice, in the Hingham District Court of the Commonwealth of Massachusetts in the matter of Carpenito v. Lululemon Athletica. The case involved an injury sustained by a child while she and her babysitter were in the dressing room of a Lululemon Athletica retail store. When the initial demand for medical expenses was paid, the plaintiff sought additional recovery for pain and suffering. This second demand was denied, and the plaintiff filed suit seeking damages under theories of design defect and premises liability. From the outset, Lululemon was unwavering in its position that there was no basis for liability, and maintained that position despite constant attempts by the plaintiff to coerce settlement for the sake of foregoing trial. When Lululemon took an aggressive stance at the outset of discovery, indicating the intention to proceed all the way to trial, the plaintiff abandoned previous demands and offered to voluntarily dismiss its claims, with prejudice.
James M. Campbell served as lead trial counsel for Lululemon Athletica in this case.
