The moving defendants, including the estate of a deceased driver, brought a motion for partial summary judgment to cap their liability at their $1 million insurance policy limits.
The estate sought this relief to allow for the distribution of estate assets to beneficiaries, which had been delayed by the ongoing litigation.
The court dismissed the motion, finding genuine issues requiring a trial regarding liability and damages.
The court also noted that capping the minor plaintiff's potential recovery without a full assessment of damages and liability apportionment would risk undercompensating him and would not be approved under Rule 7.08.
