Brian Del Gatto (Partner-Phoenix) and Arman Nafisi (Partner-Phoenix) prevailed on a motion for summary judgment in the Iowa District Court, Polk County, on behalf of an international semi-truck equipment dealer. In this clear-fault case, plaintiff was rear-ended by a semi-truck tractor and filed a lawsuit alleging negligence on the part of the driver. The plaintiff brought vicarious liability claims alleging high six-figure damages against our client, the lessor of the semi-truck, as well as the driver’s employer, who leased the truck from our client. Brian and Arman took over defense of the litigation in the middle of discovery, from prior defense counsel. At the conclusion of discovery, Brian and Arman filed a motion for summary judgment arguing that the plaintiff's claim against the client is precluded by the Graves Amendment, a federal tort reform statute limiting the liability of vehicle rental and leasing companies and barring vicarious liability claims in motor vehicle accidents. Following briefing and oral argument, the Court granted summary judgment and dismissed the case with prejudice against our client. The case was set to go to trial later this year and saved the client significant legal cost and risk exposure.

Colt B. Dodrill (Of Counsel-Phoenix) and Monique Young (Of Counsel-Phoenix) prevailed in Maricopa County Superior Court on behalf of Wilson Elser’s carrier client’s insured driver. Colt and Monique successfully moved to intervene and set aside a year-old default judgment of more than a quarter-million dollars levied against the insured driver. The plaintiff’s counsel maintains that our carrier client was long aware of the plaintiff’s claim against its insured, who was duly served. Colt and Monique directed the court to the opposing counsel’s failure to notify the carrier of the suit, which, although not required for service, provides the equitable basis for the blindsided carrier to intervene and set aside the default judgment. Colt and Monique successfully argued the distinction between a carrier’s notice of claim and notice of suit, defeating the plaintiff’s untimeliness argument by emphasizing that our client was not notified of the suit until nine months after the default judgment was entered. Relying on the public policy favoring settlement, Colt and Monique convinced the court that settlement discussions between notice of the suit and the motion filing did not constitute undue delay. They also maintained that the reported absence of contact between the insured’s vehicle and the plaintiff’s vehicle and the comparative fault of settling non-parties in the multi-vehicle accident not alleged in the plaintiff’s complaint provides a meritorious defense warranting setting the default aside. The court agreed and set aside the default judgment, saving the client substantial post-judgment interest and allowing it to defend the insured driver and negotiate a favorable resolution under the facts related to the accident, which were not presented in the plaintiff’s application for default judgment.