Post Trial Motion: Ride the Ducks International Wants a New Trial and a New Judge
The jury renders its verdict. The media covers the story. The public sees the headlines. It looks like the case is over.
The 40 injured victims who have waited three and a half years for justice. Are still waiting.
Because Ride the Ducks International/its insurance companies have more legal moves to make.
Motion number one: Demand a new trial with a different judge. RTDI accuses the judge of being a “pro-plaintiff, anti RTDI litigant.” Claims that the Court basically helped me try the case. Oh really.
The case against RTDI was the strongest liability case I have tried in 32 years. It’s conduct was appalling. Throw together a Mad Max duck vehicle using old parts from the 1940s that you eyeball. Put them on the streets and waterways as tourist vehicles. Don’t hire an engineer. Bypass the Federal Government. Don’t follow federal safety rules. Don’t notify the National Highway Transportation Safety Administration. When the vehicle component fails years before - don’t hire an engineer. Don’t issue a recall. Create a fix that later is ordered to be removed. Blame everything on the tour company operator (which granted is also negligent). And then try to act like it isn’t your fault when because of the manufacturing defect the wheel falls off while the duck is travelling about 40 miles an hour down the road. Killing 5 and injuring 70 other students, tourists, and other people.
Clearly RTDI had a chance of winning that case. Not.
Yet now they want a redo. And for Judge Shaffer to basically fire herself from the case. Oh the joys of fighting a corporation that refuses to accept responsibility. Even after a four month jury trial.
Motion is here.