Hit and Run Dismissed

Claims Alleged: Automotive Accident: Hit and Run

Injuries Alleged: Lost Wages and Medical Treatment

Amount Claimed: $53,000

The Overview

Smith Freed Eberhard used the fruits of intensive discovery efforts to convince a plaintiff attorney to dismiss his case with prejudice.

The Background

In a motor vehicle accident case, the driver of a car (the plaintiff) filed suit against the driver of another car (the defendant) claiming that he rear-ended her while she was stopped at an intersection. The plaintiff alleged that the reason he rear-ended her was because the defendant failed to stop for the overhead red traffic signal. The plaintiff sought damages in excess of $53,000 dollars which included lost wages and months of medical treatment.

The Strategy

Smith Freed Eberhard was asked to represent the defendant and their insurance company. The defendant claimed that the real reason why he rear-ended the plaintiff was because he was rear-ended by a hit and run driver, causing his car to be pushed into the plaintiff’s car. The defense tried to obtain a dismissal of her client stating that the unknown hit and run driver should be the one held negligent, not her client, but the plaintiff’s counsel refused.

We responded by taking an aggressive stance on discovery and obtained a 911 call that was made by her client’s passenger which proved that there was in fact a hit and run driver. They also obtained the plaintiff’s medical records which contained statements from the plaintiff admitting that there was a hit and run driver that caused the accident.

The Outcome

After presenting this evidence to the plaintiff’s counsel, he agreed to dismiss the case entirely with prejudice. The insurance company and insured owed nothing to the plaintiff and both clients were extremely happy with the outcome.