Affirmed Dismissal

Senior Partner Chris Moore, Esq., and Appellate Partner Daniel Weinger, Esq., obtained a good result in a vehicular liability matter when the appellate court affirmed dismissal in the matter styled BI claimant v. Client. Plaintiff filed suit against a driver and his employer alleging personal injuries, including epidural injections and a multi-level lumbar fusion surgery that Plaintiff alleged arose from a rear-end car accident. Shortly after filing suit, Plaintiff dismissed the driver voluntarily, electing to only pursue the employer and then deposing the employee driver while he was not a party to the case and was not represented by an attorney. Many months later, after discovery was completed and the case set for trial, Plaintiff amended their complaint to bring the driver back into the case. We were retained to represent the driver and immediately filed a motion to dismiss based on the statute of limitations, which expired before he was added back into the case. In response, Plaintiff argued that the relation back doctrine applied. Following full briefing and a thorough argument at a hearing, we fully briefed the trial court on the applicable law and facts and the trial judge granted our motion to dismiss. Plaintiff appealed and the appellate court affirmed the dismissal. Read more