Elaine K. Fresch

• Successfully obtained a complete voluntary dismissal for their client, a structural steel subcontractor, in a high-exposure amputation case. The plaintiff alleged severe injuries, including a below-the-knee amputation, after a crane accident involving a defective tagline purportedly supplied by the subcontractor. Through thorough case analysis and discovery, the defense proved their client was not responsible, leading to dismissal without any payment or judgment.
• Successfully defended David Copperfield in a 7-week liability jury trial in Clark County, Nevada wherein Plaintiff alleged he was injured during his voluntary participation in one of Mr. Copperfield’s illusions at his show in Las Vegas. Recently the Nevada Supreme Court affirmed in a published opinion the jury verdict after two oral arguments by Elaine and other defense counsel.
• Successfully defended an interpretive artist against a licensee of art’s allegations of defamation, breach of contract and confidentiality in a binding JAMS arbitration wherein the client was awarded $316,547.72 in sanctions and related fees and costs due to Elaine establishing that the cross-claimant had forged a contract and had manipulated and spoliated financial records.
• Successfully defended an international construction product manufacturer in a binding JAMS arbitration brought by a national home builder regarding the contractual terms of a national purchase agreement which the builder claimed had been breached.
• Successfully settled a case brought by multiple homeowners alleging construction defects against a regional home builder wherein Elaine secured the subcontractor contributions to the settlement at 100% and her client secured defense reimbursements. Elaine’s client did not contribute any monies to the global settlement with the Plaintiffs.
• Successfully opposed a motion for class certification in Washington State against her client an international construction product manufacturer and won a summary judgment motion to dismiss the related CPA claims.
• Successfully resolved a claim in Nevada against her general contractor client in a pre-litigation claim for extensive water damage at a strip hotel in Las Vegas, wherein through the tender under an additional insured endorsement, was able to have the AI carrier pay several settlements with the hotel and commercial tenants and remediation contractors.
• Had a demurrer sustained without leave to amend to the second amended complaint in an action where Plaintiff, an exerciser rider, claimed he was injured when the client’s horse, which he owned and trained, collided with Plaintiff’s horse during a training session at Santa Anita Park. The basis for the demurrer was primary assumption of risk.
• Secured a Court of Appeal decision affirming the granting of a summary judgment motion against her client a polo player based on primary assumption of risk wherein a plaintiff child was struck by a ball that her client had hit during a professional polo game.
• Has a published appellate opinion Swigart v Bruno (2017) 13 Cal. App. 5^th wherein the California Court of Appeals affirmed the granting of a summary judgement motion in favor of Elaine’s client, an endurance rider. Plaintiff a co participant endurance rider during a timed competitive ride was injured when the client’s horse spooked leading to the client falling off and the horse colliding with Plaintiff who had dismounted from her horse at the time. The basis for the summary judgment ruling was primary assumption of risk and is now cited under the CACI jury instruction for primary assumption of risk comments section.
• Part of the trial team and litigated an action brought against a riding school by a Plaintiff minor who fell off her horse during summer camp after going over a jump. The case went to jury wherein the jury returned a defense verdict for the firm’s clients the school and instructor. The trial court upheld the written waiver of liability signed by the Plaintiff’s mother and the jury decided the claim of gross negligence in favor of the clients. Due to an Offer of Judgment being served early in the litigation, the clients were awarded nearly $100,000 in expert fees and costs.

Hawkins Parnell & Young has extensive experience representing clients in all areas of the construction industry, including public and private owners, developers, general contractors, subcontractors, construction managers, design professionals, suppliers, and sureties.

Our lawyers provide sound advice in every phase of the construction process from project delivery to contract formation, performance, administration, project monitoring, and close-out. We understand deal structure and other construction issues including public and private partnerships, joint ventures and entity structures, women and minority participation requirements and related issues. With experience working directly for owners, developers and contractors, our lawyers have the knowledge, skills and business acumen to deliver industry-specific legal services.

Additionally, our team is skilled in early and alternative dispute resolution to efficiently resolve construction and design disputes. When disputes cannot be resolved, Hawkins Parnell vigorously defends clients in arbitration or litigation. Our lawyers have significant experience bringing complex, multi-party and high exposure construction matters to a favorable conclusion.

Hawkins Parnell & Young is a national defense litigation firm that has represented many of the largest and most well-known companies in high-risk litigation and business disputes. The 250-strong litigation team works with clients to develop winning defense strategies and, if necessary, try cases to verdict in all 50 states.