We’re thrilled to share a remarkable success for the BWB&O team! Through strategic planning, meticulous preparation, and skillful advocacy, Newport Beach Associate Lindsey Wells successfully secured a grant of our Motion for Summary Judgment (MSJ) in a complex case involving two separate motor vehicle incidents occurring near the same time and location.
In this matter, the Plaintiff alleged in his initial pleadings that our Client rear-ended a third-party vehicle, which fled the scene, causing his injuries. However, no witnesses corroborated this claim, and the Plaintiff admitted in verified responses that he never saw our Client’s vehicle impact any car. Consequently, the Plaintiff failed to provide witnesses or evidence to support the theory presented in his pleadings.
Lindsey successfully shifted the burden to the Plaintiff by demonstrating that his own admissions, combined with the absence of corroborating evidence, entirely dismantled his theory of liability. Despite the Plaintiff’s attempts to create a genuine issue of material fact using speculative deposition testimony and circumstantial evidence introduced after the MSJ was filed, Lindsey persuasively argued that these efforts were insufficient to meet his burden at the opposition stage.
The Court agreed, finding that the team met their burden and that the Plaintiff failed to establish his case. Since MSJs are rarely granted, this represents a significant achievement for our team. This outcome not only avoided $115,564.63 in claimed medical damages for significant injuries but also highlights the team’s outstanding ability to deliver results through compelling arguments and expert navigation of complex legal challenges.
Congratulations to Lindsey Wells on receiving a fantastic result and thank you to BWB&O’s support staff for all their help!