Brian A. Bilberry, Esq.
Experience:
Real Property Transaction and Professional Negligence: Represented Plaintiff landowners against defendant sellers of real property and defendant land surveyor for breach of contract and professional negligence in survey, description, and sale of residential property on Kauai. Case settled for surveyor’s professional liability policy limits of approximately $200,00.00 and $50,000.00 settlement contribution from sellers.
Product Liability/Negligence: Represented Defendants holding corporation, affiliate, and subsidiary against claims of defective design and manufacture of traffic and highway lane delineator semaphore, brought by cyclist and family for traumatic brain injury and loss of consortium. Claims against all clients settled for $75,000.00, concurrent with $500,000.00 settlement of one non-client co-defendant, and before trial which resulted in bench verdict of $2.3 million in damages against remaining government defendant.
Negligence/Business Interference: Represented public utility company against claims of negligence and business interference brought by large fish wholesaler for loss of electrical service, damage to refrigeration equipment, loss of product, and loss of revenue. Damages alleged between $250,000 0 $300,00.00 caused by client and several co-defendants. Settled case for $16,666.00 on behalf of client.
Negligence/Construction Defect: Represented subcontractor/installer of electronic security lock system at hospital medical ward against claims for negligent installation of electronic locks, allegedly causing electrocution and personal injury sustained by hospital employee operating electronic security key system. Obtained summary judgment and dismissal with prejudice of claims against client prior to trial.
Construction Defect/Breach of Contract/Indemnify: Represented general building contractor against third-party claims brought by government entity for construction defect, negligence and contractual indemnity, arising out of underlying claims of design defects, negligence, and breach of trust for flooding and damages to real property. Obtained summary judgment and dismissal with prejudice for client.
Aviation Law/Negligence: Represented owner of aviation company in defense of claims for wrongful death, breach of contract, and negligence arising out of plane rental and aviation accident. Case settled before trial.
Personal Injury/Product Liability/Negligence: Represented manufacturer of bakery equipment against claims for defective design of bakery equipment, allegedly creating dangerous condition and causing severe hand injury to employee of bakery. Case settled before trial.
Construction Defects: Represented general contractor against claims for negligence, construction defect, and breach of contract arising out of soil subsidence and damage to appurtenant multi-unit residential building structures. Case settled before trial.
Construction Defect: Represented contractor/installer of exterior finish system on high rise multi-unit residential structure against claims of defective installation and damage alleged to have been caused by misapplication and installation of expansion joints in building envelope. Case settled prior to trial.
Construction Defect: Represented contractor in trial against claims by luxury homeowners for breach of contract, construction defect, fraud, apparent authority, unfair and deceptive trade practice and mold remediation. Defense jury verdict. Judgment obtained against homeowners for $360,000 for attorney’s fees and Rule 68 costs.
Practice Areas:
Civil Litigation; Commercial Litigation; Construction Defect Litigation; Insurance Defense; Person Injury; Premises Liability; Prison Litigation; Product Liability
Education:
University of Kentucky (B.Arch., 1991); Northeastern University School of Law (J.D., 1998)
Practicing: Civil Litigation
