Kelly primarily practices in the areas of pharmaceutical and medical device product liability, general tort, and reinsurance and insurance coverage litigation. She is also experienced in employment discrimination and consumer fraud cases.

Kelly currently manages product liability cases for an international medical device manufacturer and has defended individual and multi-party personal injury, wrongful death and property damage claims across the country for automotive, industrial and consumer goods manufacturers as well as trucking companies.

Kelly’s insurance practice involves primary and excess insurance and reinsurance. She has handled claims involving complex insurance and indemnity issues and bad faith claims, including and an excess commercial property coverage dispute arising from Hurricane Katrina.

Kelly has significant experience managing all aspects of litigation and has obtained favorable results for clients through motion practice and settlement negotiations.

Her experience includes:

  • claim negotiations and initial case assessments;
  • managing complex discovery and related motion practice;
  • coordinating fact investigation and discovery;
  • taking and defending depositions, including production of company witnesses and taking expert witnesses;
  • expert development;
  • extensive pre-trial motion practice, ranging from discovery issues to dispositive motions, including briefing and oral arguments;
  • complex Daubert motion practice;
  • serving as trial counsel and conducting examination of lay witnesses and arguing pretrial motions;
  • post-judgment briefing and argument preparation; and
  • negotiating favorable settlements and attending mediation.

Kelly is actively involved in recruiting matters at the firm and serves on the firm’s hiring committee and chairs the summer associate program. Kelly also devotes a significant amount of time to mentoring and charitable activities. She is active in mentoring junior associates, summer interns, and first year law school students at Washburn Law School.

Representative Matters

Briefed a successful Daubert motion on plaintiffs’ sole liability expert in a two-death product liability action brought against Kia Motors Corporation. Despite adverse facts, the U.S. District Court for the Western District of Oklahoma granted Kia's Daubert motion and entered summary judgment in favor of Kia.

Defended a syndicate of Lloyd’s of London and obtained dismissal in lawsuit seeking coverage for derivative and securities claims from hundreds of millions of dollars in alleged loss related to the insured’s contingent commission practices.

Briefed a motion to dismiss environmental claims against a consumer products manufacturer, resulting in a voluntary dismissal by plaintiff’s counsel prior to oral argument.

Briefed a motion for summary judgment on behalf of alarm service provider, which resulted in the adverse party agreeing to voluntarily dismiss the claim within days of the motion being filed and agreeing to pay attorney fees associated with drafting the motion.

Publications

Kelly Garrity, Whose Award is it Anyway?: Implications of Awarding the Entire Sum of Punitive Damages to the State, 45 Washburn Law Journal 395. (2006)