Plaintiff’s third-party claim dismissed where there was no proof that his normal life had been affected by the accident
Jeffrey Murray and Magdich Law were able to obtain summary dismissal of a third-party bodily injury claim against their clients, the owners and driver of a vehicle involved in a rear end accident. Our attorneys sought out eye witnesses to the accident and were able to confirm that the Plaintiff performed repair work in the roadway minutes after the accident. He then strapped his own vehicle to a van and towed the car home himself. An investigation of his social media revealed photos which directly contradicted Plaintiff’s testimony to have been effectively disabled as a result of the crash. Through two separate motions, Magdich Law attorneys were able to have all but one of Plaintiff’s alleged “impairments” dismissed as there was no evidence to demonstrate an actual, objective injury. Pushing further, a second Motion for Summary Disposition was argued, as Plaintiff had not demonstrated that his ability to lead his normal life had been affected by the alleged impairments. The Court again agreed with our arguments, and the case was dismissed outright.