Summary Judgment Obtained in a Vehicular Accident Case Involving Disputed Liability

We received summary judgment in a vehicular accident case involving disputed liability. Mr. Thurman was the third vehicle in a three-car collision in which the first vehicle admitted fault and was ticketed. Following the accident, the plaintiffs claimed they were in a fourth vehicle and alleged that Mr. Thurman caused the crash. When the claim was denied—and on the eve of the implementation of tort reform—the plaintiffs filed individual lawsuits against Mr. Thurman alone. We subpoenaed the repair shop that serviced Mr. Thurman’s vehicle and obtained records confirming that there was no front-end damage. When the plaintiffs failed to respond to discovery, we prepared motions for summary judgment in both cases. In response, only one plaintiff submitted an affidavit, while Mr. Thurman provided his own affidavit denying the allegations. We argued the motions, demonstrating that the evidence showed the plaintiffs were not involved in the collision and that Mr. Thurman bore no fault. The court ruled in our favor in both cases. Before the orders could be entered, however, the plaintiffs filed notices of voluntary dismissal with prejudice. Before moving for summary judgment, we had served Proposals for Settlement on the plaintiffs and their counsel. After the dismissals, we filed a motion establishing entitlement to attorney’s fees, and the parties ultimately reached an agreement resolving all fees and costs in both cases.