September 27, 2024
ShareKelley Kronenberg Secures Swift Settlement in Commercial Auto Case
Kelley Kronenberg Attorney Christopher Wright, of the firm’s General Liability and Third-Party Insurance Defense Division, successfully negotiated a settlement for a national retailer client in a case that initially presented as a straightforward commercial auto litigation. The matter, pending in Miami-Dade County before Judge David Miller, took an unexpected turn as it progressed through the legal process.
The case stemmed from an incident involving a commercial van driver who failed to notice a vehicle while changing lanes. The plaintiff brought forth claims of negligence, vicarious liability, negligent hiring, and negligent retention against our client. When the plaintiff survived a motion to dismiss directed at the direct negligence claims against the retailer, it led to a zealous pursuit of overreaching corporate discovery – which if permitted would have proved costly and time-consuming for the client to comply with.
What ensued was a series of intense legal maneuvers, with the plaintiff’s counsel initiating motions for sanctions and compulsion. Discovery proceedings culminated in three separate hearings and a court-ordered meet-and-confer session, all within a two-week period. However, Christopher’s defense strategy proved highly effective. The Court ruled against permitting corporate discovery, and the Court indirectly signaled that the plaintiff’s admission of repeated honking at the defendant driver, rather than engaging in defensive driving, significantly undermined the case’s value. Opposing counsel was politely advised after these proceedings that this was a case where his claim got worse, not better, after deciding to file a lawsuit.
In a surprising turn of events, following these rulings, the plaintiff served a proposal for settlement in the same amount as the retailer’s final pre-suit offer. This proposal was irregular given the time and resources that counsel for the plaintiff had just committed to the discovery proceedings. Our client promptly accepted this proposal, bringing the case to a swift and favorable conclusion. This outcome not only met but exceeded the expectations of our client and their insurance carrier.
This case exemplifies the expertise and tenacity of Kelley Kronenberg’s legal team. Christopher Wright, working under the guidance of Partner/Business Unit Leader Matthew Garnett, was able to grasp the complexities of the case, the importance of limiting corporate discovering, and played an important role in transforming what could have been a costly and protracted legal battle into a resounding victory for our client.
To learn more about how Kelley Kronenberg’s Litigation Defense team protects clients from excessive corporate discovery and unwarranted claims in commercial auto cases, and how we can assist with strategic defense against aggressive litigation tactics, click here.