July 7, 2025
ShareKelley Kronenberg Secures Dismissal of $3M Commercial Vehicle Liability Case
Kelley Kronenberg Partner/Business Unit Leader Aaron Neifeld and Of Counsel Claudia Acosta secured a complete victory for their commercial client in Miami-Dade County, obtaining voluntary dismissal of all claims in a multi-million-dollar truck accident case involving three plaintiffs seeking a combined $3,000,000.00 in damages.
The case involved three plaintiffs who alleged they sustained serious neck, back, and shoulder injuries requiring surgeries after being rear-ended by a commercial truck. The plaintiffs sued under a theory of vicarious liability, claiming the driver was operating within the course and scope of his employment at the time of the accident.
Rather than accept the apparent liability, Aaron and Claudia conducted a thorough investigation that uncovered critical evidence undermining the plaintiffs’ case. Their investigation revealed that the driver was not clocked in at the time of the accident and had taken the company truck without his employer’s permission or knowledge.
Armed with this evidence, the defense team filed a comprehensive motion for summary judgment arguing that vicarious liability could not attach because the driver was not acting within the course and scope of his employment. They supported their motion with testimony from the client’s corporate representative and payroll timesheets demonstrating that the driver had never clocked in during the entire two-week period surrounding the accident date.
The strength of Aaron and Claudia’s legal position became evident when they presented compelling evidence that the company had neither consented to nor authorized the driver’s use of the truck on the day in question. This evidence effectively severed any legal connection between the driver’s actions and his employment.
Before the court could even hear arguments on the motion for summary judgment, opposing counsel recognized the futility of their position. Faced with overwhelming evidence contradicting their vicarious liability theory, they agreed to voluntarily dismiss all claims against the client, eliminating the entire $3,000,000.00 exposure.
This outcome demonstrates the critical importance of thorough factual investigation in commercial liability cases and highlights how strategic motion practice can achieve complete defense victories even in cases involving serious injuries and substantial damages.
Special recognition goes to American Family Insurance Claims Services for their collaboration in achieving this exceptional result.
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