Skip to main content

Kevin G. Dougherty

Partner | Email

  • Grand Rapids

    t. +1.616.752.2175

    f. 616.752.2500

Biography

Kevin Dougherty represents businesses and individuals in a variety of civil cases in state and federal courts throughout the United States, specializing in products liability defense and commercial litigation. As the firm's Associate General Counsel, Kevin also has substantial experience with risk management, professional responsibility and ethics issues.

Industries

    No data found

Education

  • Indiana University School of Law - Bloomington J.D. 1990 magna cum laude
  • Franklin College B.A. 1987 magna cum laude

Admitted

  • 1990, Michigan

Bar Associations

  • Federal Bar Association
  • State Bar of Michigan
  • American Bar Association
    Litigation Section
  • Grand Rapids Bar Association

Experience

  • Morbark, Inc.  For over 20 years Kevin has represented Morbark as their national counsel defending product liability cases throughout the United States involving wood chippers, tub grinders, loaders, sawmills and other forestry equipment. Kevin has tried cases for Morbark in Florida, South Carolina, California, Virginia, Ohio, Indiana, Massachusetts and Colorado, including three wrongful death cases resulting in defense verdicts. Some of these cases include:
    • Gonzales v Morbark. Trial in Simi Valley, California, involving a fatal accident while the decedent was using a hand fed brush chipper. Defense verdict at trial upheld on appeal.
    • Sparks v Morbark. Trial in Fountain County, Indiana, involving a fatal accident while the decedent was using a hand fed brush chipper. Defense verdict at trial was not appealed.
    • Jiminez v Morbark. Trial in Los Angeles, California, involving a fatal accident while the decedent was using a hand fed brush chipper. Defense verdict at trial upheld on appeal.
    • Dobbs v. Morbark. Trial in federal court in Denver, Colorado, involving an accident in which the plaintiff's dominant hand was crushed and permanently disabled while using a hand fed brush chipper. Defense verdict at trial was not appealed.
    • Phillips v Morbark. Trial in Charleston, South Carolina, involving an accident in which the Plaintiff's fingers were partially amputated in a wood hog conveyor. Plaintiff was the owner of a recycling business and was claiming approximately $1 million in lost profits to his business in addition to personal injury. Defense verdict at trial was not appealed.
    • Faulkner v Morbark. Trial in Boston, Massachusetts, involving wood chipper accident where Plaintiff's arm was amputated. Settled for confidential amount after fourth day of trial.
    • Travelers Insurance v Morbark. Trial in Ft. Lauderdale, Florida, of fire subrogation action involving total loss of a $500,000 tub grinder. Defense verdict was not appealed.
    • Perez v Morbark. Fatal accident in Ocean City, New Jersey, involving worker caught in tub grinder conveyor. Settled for nominal amount after discovery showed that the safety guard was removed from the machine after it was delivered.
    • Garrison v Morbark. Fatal accident in Massachusetts involving hand fed chipper. Settled for nominal amount shortly after case was filed.
    • Garcia v. Morbark. Fatal wood chipper accident in San Francisco, California. Settled for a nominal amount after court partially granted Morbark's Daubert motion and granted Morbark's motion to limit the amount of economic damages Plaintiff could recover to what he could have earned in Nicaragua.
    • Stickler v Morbark. Fatal accident in Ohio involving a hand fed brush chipper. Case dismissed on summary judgment after discovery showed that the employer had altered the chipper's feed tray.
    • Newberry v Morbark. Fatal wood chipper accident in Ironwood, Michigan, was settled on favorable terms after discovery showed that the cause of the accident was previous damage and improper repair of the chipper hood.
    • Brascom v. Morbark. Fatal tub grinder accident in Barbour County, Alabama, was settled for confidential amount after discovery showed the decedent's co-workers were using drugs at the time of the accident, failed to use lockout/tagout procedures, and may have intentionally started the machine as a prank while the decedent was performing maintenance.
  • Hart & Cooley, Inc. Defense of multiple wrongful death and personal injury cases throughout the U.S. involving carbon monoxide poisoning arising out of alleged defects in ventilation equipment.
  • Second Chance Body Armor, Inc. Defense of multiple cases involving alleged defects in body armor.
  • The Upjohn Company. Defense of multiple cases involving alleged pharmaceutical defects.
  • Fori Automation. Defense of product liability claims involving fingers amputated in press. Settled for nominal amount shortly after case was filed.
  • Louisiana-Pacific Corporation. Defense of class action alleging defects in building products, which was voluntarily dismissed by plaintiff.
  • Whirlpool Corporation, Dow Chemical Company, Fuel Systems, Inc., Stiles Machinery, Inc., Suspa, Inc., Dematic Corp., Sparks Belting Company, Signature Farms, LP, OMM Engineering, Inc., Spartan Graphics, Grand Traverse Plastics, Allen Lund Company, G.H.S. Strings, Inc., Fori Automation, Dicastal North America, Inc., SpartanNash Company, Ariens Company, Home Depot, Covidien, Inc. and numerous other clients in products liability, breach of warranty, breach of contract, non-competition and trade secret cases.
  • Premises Liability - Defense of multiple cases involving slip and falls, elevators, conveyors and other equipment.

Honors & Awards

  • Named the Best Lawyers' 2019 Grand Rapids Product Liability Litigation-Defendants Lawyer of the Year
  • AV Preeminent Peer Review Rated, Martindale-Hubbell
  • Best Lawyers in America, 2013-Present
  • Named to Michigan Super Lawyers, 2017
  • Leading Lawyers in Michigan, 2014

Publications

  • Editorial Staff, Indiana Law Journal, 1988-90

Leadership

Professional Affiliations

  • Defense Research Institute
  • American Inns of Court

Community Affiliations

  • Legal Aid of West Michigan
    Board Member (2003-11)

NOTICE. Although we would like to hear from you, we cannot represent you until we know that doing so will not create a conflict of interest. Also, we cannot treat unsolicited information as confidential. Accordingly, please do not send us any information about any matter that may involve you until you receive a written statement from us that we represent you.

By clicking the ‘ACCEPT’ button, you agree that we may review any information you transmit to us. You recognize that our review of your information, even if you submitted it in a good faith effort to retain us, and even if you consider it confidential, does not preclude us from representing another client directly adverse to you, even in a matter where that information could and will be used against you.

Please click the ‘ACCEPT’ button if you understand and accept the foregoing statement and wish to proceed.

ACCEPTCANCEL

Text

+ -

Reset