Partner, Courtney Chadwell Successfully Resolves Auto Claim At Trial.

Partner, Courtney Chadwell recently resolved an auto claim at trial. The plaintiff claimed that our insured driver left his vehicle in either drive or neutral when exiting, which led to the driverless car colliding with the plaintiff’s vehicle. The plaintiff initiated legal action against both the driver for negligence and the insurance provider for acting in bad faith by refusing to settle prior to litigation. The plaintiff contended that the incident worsened his existing mental health conditions.

This case highlighted the significance of vigorous pretrial motion practice. Before the trial commenced, Courtney submitted ten motions in limine, eight of which were granted, significantly undermining the plaintiff’s case. Consequently, the claims against the insurance carrier were dismissed, along with the plaintiff’s claim for lost wages. Furthermore, Courtney successfully excluded the plaintiff’s treating therapist and psychiatrist from testifying, leaving the plaintiff without expert witnesses.

The central argument of the defense was that the plaintiff did not experience a serious injury as defined by the Insurance Law. To substantiate this claim, Courtney obtained damaging testimony from the plaintiff himself, indicating that he did not incur a serious injury, a statement supported by the defense expert. The plaintiff’s pretrial demand encompassed the entire personal injury and property damage policies; however, the case ultimately settled for the costs of the trial after the first day, which included testimonies from the plaintiff, our insured, and our damages expert.

Aggressive motion practice and keeping plaintiffs to their proofs highlights our aggressive trial team at BMM. Experience and strategy matter when defining wins!!

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