James R. Ferguson
Negligence Defended actions involving premises liability, motor vehicle accidents, subway train accidents, police brutality, false arrest, malicious prosecution, and violation of civil rights. Represented municipal defendant in mass transit related personal injury and police misconduct actions in New York Supreme Court, Bronx County. Tried 18 jury trials to verdict, 14 of which were defense verdicts. Injuries involved fractures, spinal injuries, brain injuries, amputations, and various neurological and psychological conditions.
Negligence Products liability. Represented manufacturer of allegedly defective plumbing fittings in multi-million dollar property damage claim. Settled prior to trial.
Negligence Products liability, failure to warn, wrongful death. Represented manufacturer of rescue net involving a multiple fatality helicopter accident. A one-month jury trial resulted in a defense verdict. Second-chaired trial with David M. Louie as lead counsel.
Negligence Toxic Tort. Defended golf course against claims of cancer and fear of developing cancer from alleged exposure to pesticide spray drift. Settled prior to trial.
Negligence Toxic Tort. Represented AOAO against mold claim by resident involving sick building syndrome. Settled prior to trial.
Negligence Premises liability. Represented large chain department store against slip and fall resulting in multiple spinal surgeries. Settled prior to trial.
Negligence Premises liability. Represented numerous hotels and resorts against slip/trip and fall actions resulting in various orthopedic and neurological injuries. Defense at arbitration and settled prior to trial.
Negligence Dram-shop liquor liability. Represented convenience chain store against claims involving sale to minor resulting in motor vehicle accident and brain injury. Also represented bars against claims of sale to intoxicated patron resulting in personal injuries from assault and battery. Settled prior to trial.
Negligence Highway design. Represented land owner/developer against claims of improper highway design resulting in motor vehicle accident and brain injury. Settled prior to trial.
Negligence Construction work-site accidents. Represented numerous owners/developers/ contractors/subcontractors against work-site accident claims involving falls from heights, machinery mal-function, equipment failure, and ultra-hazardous work. Settled during mediation/arbitration and prior to trial.
Construction defects Represented roofing consultant against claim involving property damage from water leaks. Settled after binding arbitration.
Construction defects Represented owner/developer/contractor against claims of negligent design and construction of residence next to stream. Involved remediation of flood prone conditions. Settled prior to trial.
Construction defects/product liability Represented manufacturer of roofing material against claims of product defect involving failure of commercial roofs. Settled prior to trial.
Construction defects. Represented manufacturer of plumbing fittings against claims of negligent design and manufacture involving property damage claims by residents of high rise luxury condominium. Settled prior to trial.
Mr. Ferguson completed a National Institute of Trial Advocacy (NITA) trial skills course while in New York, and actively participates in mock-trials as part of his case evaluations. Mr. Ferguson has also been a panel participant in a liquor liability seminar sponsored by the Honolulu Liquor Commission.
Civil litigation, construction defect litigation, insurance defense,
personal injury, premises liability, product liability
University of the West Indies (LLB, 1984); Norman Manley Law School (Certificate of Legal Education - J.D. Equivalent, 1986)
New York (1990); Hawai'i (2000)