At a case conference arising from scheduling of a proposed summary judgment motion in a motor vehicle accident action involving a minor plaintiff and an accident benefits insurer, the court addressed inefficiency in the conduct of the litigation and fixed a timetable for competing motions.
The insurer proposed summary judgment dismissing punitive and aggravated damages claims, while the plaintiff proposed a cross-motion concerning the applicability of the Minor Injury Guidelines and a motion to amend to add bad faith damages.
The court recorded a judicial admission limiting the extra-contractual claims to the insurer's insistence on applying the Minor Injury Guidelines despite its own psychological assessment.
The endorsement emphasized proportionality, cooperation, and timely case management, and provided directions for cross-examinations, motion materials, and a further case conference.
