Attorney Ferry and Attorney Foley recently defended a claim made against them by Attorney Charles Brower and his client, James McCann, based upon a claim initially brought by the Law Office of Kevin C. Ferry, LLC against Mr. McCann and his company, RSS Consulting Services, LLC. Mr. McCann is the founder of Options Unlimited, a community living arrangement not-for-profit business whom the Law Office of Kevin C. Ferry, LLC sued in 2013 for severe physical, mental and sexual abuse perpetrated by approximately eight employees of Options Unlimited. Mr. McCann is currently being sued by Options Unlimited for fraud.
Attorney Foley and Attorney Ferry spent eight full days at trial defending themselves with the assistance of Kerry Callahan and Valerie Ferdon, both of Updike, Kelly & Spellacy. Attorneys Callahan and Verdon were very prepared and performed admirably at trial. Attorney Foley and Attorney Ferry were called as witnesses by Attorney Brower. Every effort was made to point to Attorneys Ferry and Foley as not having a good faith basis to sue his client. The jury saw through Attorney Brower’s misguided efforts to obtain a payday for his client and quickly returned a Defendant’s verdict on all counts. If the jury decided for the Plaintiff, the Plaintiff was going to be seeking punitive damages under numerous counts, including double damages pursuant to §52-568(1) under two counts; treble damages pursuant to §52-568(2) under two counts; and exemplary damages by way of attorney’s fees claimed to have been incurred defending the lawsuit brought by Law Office of Kevin C. Ferry, LLC.
This was an excellent learning experience that Attorney Foley and I hope to never be put though again; however, we gained valuable insight into the mind of a civil defendant throughout the process, and we also learned several valuable lessons at trial. While it would be going a bit far to thank Mr. Brower for suing us, I can say that your biggest enemies can be your best teachers if you are open to looking at it from that angle. –KCF