We obtained summary judgment and an award of counsel fees in an $8.8 million subrogation claim.
We obtained summary judgment and an award of counsel fees in an $8.8 million subrogation claim. Thieves stole a truck loaded with $8,800,000 in pharmaceuticals. The pharmaceutical company’s insurance carriers paid the claim and filed a subrogation action against the trucking carrier, claiming the trucking company was negligent and/or breached its contract for transport. The trucking company sued our client, which had installed a device on the truck that was capable of providing tracking information so that stolen trucks could be recovered. We were able to secure summary judgment for our client based on the language in our client’s contract with the trucking company, which essentially eliminated consequential damages in connection with lost or stolen loads even if the tracking equipment did not work as intended. In the end, the facts of the case were irrelevant – the court decided that the trucking company waived any right to damages against our client when it signed a contract restricting damages.