Michael A. Gauthier

The defendant insurer brought a motion for summary judgment to dismiss the plaintiff's claim for statutory accident benefits.

The plaintiff suffered severe burns when she spilled hot coffee on her lap while receiving it at a drive-through window in her vehicle.

The court applied the purpose and causation tests, finding that using a drive-through is an ordinary use of a vehicle, and that the vehicle's use was a direct cause of the injuries because the plaintiff was seated and restrained by a seatbelt, preventing evasive action.

The defendant's motion was dismissed, and the court concluded the incident met the definition of an accident under the Statutory Accident Benefits Schedule.

Following an earlier ruling denying the defendants’ request to amend a litigation timetable and seek a summary judgment date, the court addressed the issue of costs for the related proceeding.

The plaintiff sought over $10,000 in partial indemnity costs, asserting that the defendants’ failure to properly file motion materials and respond to correspondence caused unnecessary steps and expense.

The defendants argued that costs should be reserved pending a forthcoming motion for leave to bring summary judgment and, if awarded, should be minimal.

The court found that the defendants’ failure to properly advance their motion and respond to requests caused unnecessary work for the plaintiff.

However, broader costs relating to the proposed summary judgment proceedings were deferred, and the plaintiff was awarded a reduced amount for specific unnecessary steps.

The defendants sought to adjourn their summary judgment motion and amend the litigation timetable to allow for the examination of their expert witness.

The plaintiff opposed the request, citing the defendants' failure to diligently pursue the motion and comply with the timetable.

The court found that the defendants caused the delay and failed to properly file their motion materials in accordance with Rule 37.08(1).

The court held there was nothing to adjourn and ordered that the defendants must obtain leave to bring any future summary judgment motion or motion to amend the timetable.