Court reporters help litigants make their case against competing claims
There is never a good time for a lawsuit, but companies and individuals constantly face the threat of litigation.
In some cases, one company can even be compelled to defend another in court. A recent example, Blasing vs. Menard Inc., showed how organizations can become involved in lawsuits unexpectedly.
The case stemmed from an incident that took place at a Menards home improvement store in Jefferson, Wisconsin. Vicki Blasing was at the retailer’s lumber yard to purchase wood boards. A Menards employee was in the process of using a forklift to load the boards into Blasing’s truck when a few boards fell and struck her foot.
Blasing filed a lawsuit against the company, alleging that it had acted negligently and violatedstate law. In court, Menard argued that the insurer with which Blasing had an auto policy was legally obligated to defend and possibly indemnify the home improvement company for potential liabilities related to the accident.
The District IV Wisconsin Court of Appeals agreed with the claims put forward by the defendant, finding that, under state law, American Family Insurance was required to defend Menard because one of its employees was “using” Blasing’s truck, and thus covered by her auto policy.
Writing for the three-judge panel that heard the case, Judge Paul Lundsten wrote that if the legislature wanted to see a different result in future cases, it should amend the relevant statute governing auto insurance in the state.
Companies that are unexpectedly thrust into lawsuits need to be able to analyze the details of a case carefully in order to have the best chance of prevailing in court. Working with certified court reporters can help an organization and its attorneys in this regard by ensuring that they have access to accurate deposition transcripts.
