Gray•Duffy, LLP obtains a dismissal with prejudice on behalf of crane company in exchange for a waiver of costs

April 2017

Overview

Attorney Michelle MacDonald obtained a favorable resolution on behalf of a crane service which had been sued for allegedly dropping an outrigger pad onto the freeway from a mobile crane.

Discussion

ALBERTO ADAME v. BRAGG CRANE SERVICES, et al

Plaintiff alleged that he was following behind at approximately 65 MPH when he ran over the pad causing his front tire to blow out. He then stopped on the shoulder and exited his vehicle to assess the damage. At that moment, another vehicle hit the pad, dragging it and kicking up debris from the freeway. Plaintiff claimed that he was struck by debris on his left foot, left elbow and right knee causing significant injuries.

During our investigation, it became clear that the plaintiff had made a series of claims to several parties regarding the same incident, alleged injuries and allegations. Specifically, before naming Bragg Crane in this lawsuit, he had already received policy limits from the insurer of the second vehicle and then he claimed med pay and underinsured motorist benefits from his own carrier. His claims to the crane company were essentially identical but during his deposition in this matter, his testimony differed significantly from his previous deposition which emphasized the role of the second vehicle driver in causing his injuries. Ultimately in light of his multiple recoveries for the same claim and his conflicting testimony, Gray•Duffy took a hard line and negotiated a full dismissal in exchange for a waiver of costs.

Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.