Robert C. Neff Jr. (Of Counsel-Madison, NJ) combined forces with the firm’s White Plains, New York, office to win a dismissal for a large construction material supply company in an automobile accident trial with a $750,000 settlement demand after in limine motions were heard and jury selection was about to begin. The complaint alleged that the tractor-trailer operated by the client’s driver struck the plaintiff’s vehicle as it was attempting to merge into heavy traffic. The driver testified that the plaintiff attempted to cut him off. Plaintiff alleged disabling injuries with two surgeries and implantation of an electronic stimulator in her back. The Essex County trial judge granted Wilson Elser’s in limine motions to bifurcate the matter and to proceed first with a liability-only trial. The evening before jury selection, plaintiff’s counsel advised that his client was unable to come to New Jersey for trial because of an unspecified medical procedure and she was unable to afford plane fare. A motion to dismiss was promptly prepared, and with the assistance of New Jersey Office Administrator Suzanne Tornillo and Legal Assistant Paula Johnson, and e-filed at 6:55 a.m., before jury selection began. That morning, plaintiff’s counsel made an emergent request to adjourn the trial, which was denied and the case was sent back to the trial judge for a decision on Robert’s motion to dismiss. Finding that the defense was prepared and ready to proceed, and plaintiff had failed to provide any advance notice of her issues, even to her own attorney, the trial judge granted the motion to dismiss, and gave leave to cross-move for an award of fees and costs should plaintiff move to reinstate the matter.

White Plains Senior Counsel Harry Brett served as TRAC counsel, and partners Jacqueline Hattar and John Flannery provided invaluable advice.