Firm News

SG Secures a Discontinuance for Educational Client Following an Automobile Accident

In a matter with a convoluted set of facts and a number of procedural issues, Partner Tim Tuttle was able to secure a discontinuance for the firm's educational client following an automobile accident.

The case originated when the firm's client was transporting a number of students from their campus in northern Westchester to an activity in the Bronx. The plaintiff's accident occurred during approximately the same time that the client was traveling back to campus. The plaintiff claimed that the client's van struck her vehicle in the rear at an off-ramp, then sped off. However, the client's van showed no signs of damage, and neither the driver nor the passengers had any recollection of being involved in an accident, also testifying that they did not get off at the exit where the accident occurred. After the completion of discovery and the submission of a motion for summary judgment, plaintiff accepted a nominal settlement despite extensive injuries.

However, the matter came to life once more when the four (4) passengers in plaintiff's vehicle also brought suit. After Mr. Tuttle communicated the history of the claim to counsel, plaintiffs also filed for SUM arbitration with their driver's carrier. The driver's carrier then attempted to implead the firm's client and carrier into the arbitration. Partner Tuttle successfully defeated plaintiff's impleader motion and convinced the driver's carrier to arbitrate the case, based upon a lack of evidence that the firm's client was involved in the accident in the first place. The plaintiff/passengers and the driver's carrier agreed, and the action against the firm's client was thereafter discontinued with prejudice.

-Timothy G. Tuttle

Tue Jan 24 2023, 12:00am