SUCCESS STORY

An $18,000,000 Dismissal

Claims Alleged: Personal Injury

Injuries Alleged: Quadriplegia

Amount Claimed: $18,000,000

The Background

Plaintiff was a general contractor on a commercial building project. One of his subcontractors was injured on the job and rendered a quadriplegic. When the injured worker sued the contractor for his injuries, the contractor sought coverage from its insurer. Coverage was denied due to a subcontractor exclusion in the insurance contract, and an $18,000,000 judgment was entered against the contractor.

Then, the contractor, seeking to recoup the $18,000,000 judgment against it, sued the intermediary brokerage company which procured the insurance policy at issue. Smith Freed Eberhard was retained to defend the brokerage company against the plaintiff’s claims of fraudulent misrepresentation and statutory negligence.

The Strategy

Smith Freed Eberhard looked carefully at the claims and determined the applicable statutes of limitation. Realizing that, among other things, plaintiff’s claims were barred by the applicable statute of limitations, the defense filed a motion to dismiss against plaintiff.

The Outcome

Ultimately, the court agreed that the clock had run on plaintiff’s claims. Smith Freed Eberhard won a victory for its client in the form of a total dismissal of an $18,000,000 claim.

Read More
Success Story Negligence Personal Lines Tenant Landlord Court Strikes Opposing Party’s Counterclaims Due to Failure to Comply With Discovery Orders Wednesday October 13, 2021 By: Narmina Sharifova
Success Story Automotive Defense General Litigation ORS 20.080 Attorney Fee Personal Lines Taking a Case to Trial During COVID-19 Wednesday September 22, 2021 By: Gordon Klug
Success Story Property Loss Tenant Landlord 4th and 10… An Improbable Comeback Win at the Washington Court of Appeals Tuesday December 1, 2020 By: Firm Authorship
Success Story General Litigation ORS 20.080 Attorney Fee Personal Lines When to Fight Back with a Counterclaim Thursday November 19, 2020 By: Jeff Eberhard
Success Story Automotive Defense General Litigation Motorist Minor Impact Personal Lines The Strategy in Jury Selection: Using Voir Dire to the Defendant’s Advantage Tuesday August 11, 2020 By: Jessica Kamish
Success Story Commercial Liability Defense Securing Victory Under Securities Laws Friday December 20, 2019 By: Firm Authorship
Success Story Automotive Defense Personal Lines Research Pays Off (to the Tune of $2.2 Million) Friday December 20, 2019 By: Firm Authorship
Success Story General Litigation Drawing the (Property) Line Friday December 20, 2019 By: Firm Authorship
Success Story General Litigation Multi-National Retailer’s Discrimination Mitigated Friday December 20, 2019 By: Firm Authorship
Success Story Commercial Liability Defense Allegations of Misappropriation of Trade Secrets and Employment Law Violations? Denied. Friday December 20, 2019 By: Firm Authorship
Success Story Automotive Defense Personal Lines PIP Rejected: A Desperate Attempt to Recover Expenses Friday December 20, 2019 By: Firm Authorship
Success Story Automotive Defense General Litigation Personal Lines The Early Bird Gets the Case Dismissed Friday December 20, 2019 By: Josh Hayward
Safe Harbor Letter Success Story Automotive Defense Personal Lines Preparation Always Pays off: Especially at Trial Friday December 20, 2019 By: Firm Authorship
Success Story Automotive Defense General Litigation Personal Lines The Case of the Mysterious Torn Medial Meniscus Friday December 20, 2019 By: Firm Authorship
Success Story Automotive Defense Personal Lines Hit and Run Dismissed Friday December 20, 2019 By: Firm Authorship
Success Story Automotive Defense Personal Lines Admitting Liability and Saving Costs Friday December 20, 2019 By: Firm Authorship
Let’s talk

Tell us about your legal challenge.
Then we’ll tell you how we can help.