CMM has vast experience representing transportation providers in accident-related claims alleging personal injury and catastrophic loss. That experience recently led to the dismissal of all claims alleged in federal court against our clients, the out-of-state owners of a trucking/logistics company, in the firm’s latest litigation success story.
CMM represented Georgia residents in a personal injury action brought in federal court in New York by a plaintiff who resided in New York. The plaintiff was injured in a motor vehicle accident involving the defendants’ truck in the trailer yard of Bob’s Discount Furniture in Maryland. CMM Senior Partner Scott Middleton, assisted by litigator Richard DeMaio, moved to dismiss for lack of personal jurisdiction. Essentially, CMM argued that the federal court in New York had no authority to hear a case against Georgia defendants regarding an accident that took place in Maryland; the plaintiff failed to allege that our out-of-state clients had any reasonable expectation that a trucking accident in Maryland would have consequences in New York.
While the plaintiff argued that his residence and medical treatment in New York should be enough to allow the suit to continue, the court was persuaded by CMM’s arguments, finding that there was no basis to exercise jurisdiction over our clients. In a victory for our clients, the court granted CMM’s motion to dismiss and closed the case.
CMM attorneys have decades of experience representing transportation providers including municipal bus lines, coach and school bus companies, fleet carriers, logistics companies, and limousine businesses. We have successfully defended clients insured by numerous major insurance companies across the country in virtually all areas of insurance coverage and defense. Learn more about our Liability Insurance & Insurance Coverage practice here.