Wood Smith Henning & Berman is proud to announce another strategic win on a motion summary judgment in a high-exposure wrongful death action arising from a fatal automobile accident.
The plaintiff alleged that our client was vicariously liable for the accident on the theory that the at-fault driver was acting within the course and scope of her employment. Upon receipt of the file, and before even filing an Answer, Partner Jill Mucerino along with Senior Associate Kevin Lenihan, evaluated the record and identified a strategic opportunity to seek early dismissal. Rather than proceed through prolonged discovery, the WSHB team developed an aggressive plan to move for summary judgment based on a threshold issue: the driver was not operating the vehicle in connection with her employment at the time of the accident.
The WSHB team worked directly with the client to gather the critical facts necessary to support the motion, culminating in a well-crafted client certification that formed the backbone of the summary judgment application.
On the eve of oral argument, plaintiff’s counsel requested that the motion be carried to allow completion of the driver’s deposition, suggesting that depending on the testimony, a voluntary dismissal might follow. While professional courtesy often favors reasonable adjournments, this request was strategic in nature rather than necessity-driven. After thorough consultation with the client, WSHB recommended proceeding with oral argument and clearly outlined the advantages of doing so. The client and carrier agreed with the recommendation and supported the decision to move forward.
Lenihan appeared for argument and, despite the fact that discovery had not yet commenced, the Court granted summary judgment. The case was dismissed without prejudice, with the Court indicating that following completion of the driver’s deposition, WSHB may supplement the motion to seek dismissal with prejudice if plaintiff does not voluntarily dismiss.
"This ruling reflects the value of stepping back and evaluating the record before defaulting to a traditional litigation track. By identifying a threshold issue early and moving decisively, we were able to spare the client the cost and disruption of prolonged discovery that comes with a high exposure wrongful death case," said Lenihan.
This result reflects thoughtful early case assessment, decisive strategy, and disciplined execution. By identifying and pursuing a dispositive issue at the outset, Lenihan effectively limited the client’s exposure, both in terms of defense costs and potential indemnification.
"From the outset, we viewed the case through the lens of early case assessment. the facts simply did not support vicarious liability," said Mucerino. By advancing a targeted summary judgment motion at the earliest opportunity, we positioned our client for a prompt and complete dismissal."
Please join us in celebrating outstanding work on the successful development and execution of an aggressive defense strategy that delivered meaningful results at the earliest possible stage.
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Experience the power of a proven industry leader in the law. Wood Smith Henning & Berman (WSHB) is renowned globally for our exceptional trial results and expertise in handling complex litigation. With our nationwide network of over 500 lawyers across 43 office locations, we are dedicated to providing comprehensive litigation and counsel to both public and private companies. From start-ups to Fortune 100 corporations, we deliver unrivaled legal representation that consistently achieves favorable outcomes for our clients.
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Our expansive geographic footprint allows us to provide effective and efficient representation to clients nationwide, regardless of their location, background, or legal expertise. By prioritizing strategic and cost-effective approaches to litigation, our dedicated attorneys work tirelessly to protect the interests of our clients. We have a track record of success, securing numerous victories such as summary judgments and defense verdicts on behalf of our clients. As a trial firm, we have taken over 2,000 cases to verdict, making us well-equipped to handle even the most complex and high-stakes litigation matters across the country.
