Kriegel v. Davtyan, et al.


    Defendant driver rear ended Plaintiff on the freeway and Plaintiff alleged significant injuries, including TBI.  Plaintiff filed suit for Motor Vehicle and General Negligence against the driver as well as our client, the transportation broker who arranged the haul and the supplier of aggregate materials, whose load had been transported by the driver and delivered prior to the incident.   

    After obtaining initial discovery, tender and defense of both our clients was picked up by Defendant driver’s insurer and the case was transferred to tender counsel for handling.  Notwithstanding, our client requested that YOKA | SMITH closely monitor this matter to ensure its interests were adequately represented, including drafting and arguing the Moton for Summary Judgment.  Our motion focused on the lack of agency between the parties, lack of ownership of any vehicle and a failure to identify any negligent actions on the part of either the transportation broker or the product supplier.  Plaintiff argued in his Opposition that due to the liberal pleading standard the blanket cause of action for Negligence subsumed the lesser causes of action for Negligent Hiring and Entrustment and the claim should proceed on those grounds or Plaintiff should be permitted to amend the pleadings accordingly.   

    In granting our motion, the Court confirmed that Negligent Hiring and Entrustment causes of action must actually be explicitly plead and Plaintiff’s timeframe in which to seek leave to amend had expired.

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