Results

We secured summary judgment in an auto negligence case, in which we represented a car sharing app and an individual vehicle owner who rented our his car using the app. The plaintiff alleged that, under Florida’s Dangerous Instrumentality Doctrine, the app and the owner were vicariously liable for the renter of the vehicle, who allegedly struck the plaintiff’s vehicle. We successfully argued that the Graves Amendment preempts the application of the dangerous instrumentality doctrine and exempts our clients from vicarious liability for the alleged negligence of the driver.

The action was brought against an out-of-state insurer based on the plaintiff’s failure to arbitrate. The plaintiff filed suit against a New Jersey insurance company over treatment that occurred in Florida. However, the subject policy and the laws of New Jersey require mandatory arbitration prior to initiating litigation. On the defendant’s motion to dismiss and compel arbitration, the court found that the doctrine of lex loci contractus applied, which required the plaintiff to comply with New Jersey law and policy and to submit to arbitration prior to filing suit. The court entered a final order dismissing the case and compelling the plaintiff to complete binding arbitration.

We prevailed in a jury trial on a UM claim in Hillsborough County’s 13th Judicial Circuit. The plaintiff claimed he suffered permanent and debilitating injuries in a rear-end collision in Tampa, Florida. Liability was admitted, but the extent of the plaintiff’s injuries was in dispute. The plaintiff asked the jury to award him $500,000 for past and future damages.  The jury found there was no permanent injury and awarded $25,000 for past medical expenses only.

The defense prevailed on a motion for judgment on the pleadings in a declaratory judgment action seeking liability coverage in a catastrophic injury case. ​The plaintiff was a passenger in a vehicle driven by his wife when she veered off the road and struck a pedestrian, nearly killing him. The pedestrian sued the plaintiff in a separate action, alleging he got out of the vehicle, rolled the pedestrian over, saw he was “mortally wounded,” got back in the vehicle, and fled the scene without rendering aid or calling for help. The pedestrian sued the plaintiff for negligently failing to render aid and assistance. The plaintiff brought his declaratory judgment action seeking a determination that he was entitled to defense and indemnity under the liability coverage afforded by his homeowner’s policy. Mike and Julie argued there was no coverage in the first instance because the the insured’s conduct was not “accidental.” Subject to exclusions, the policy provides liability coverage for any occurrence that causes bodily injury. “Occurrence” is defined in the policy to mean an “accident” that results in bodily injury. In addition, they argued that certain exclusions would bar coverage, including an exclusion for bodily injury arising from the “use” of a motor vehicle and exclusions for expected or intended injury and willful or malicious acts. The court agreed and granted final judgment in favor of our client.