2 total
Summary judgment was granted dismissing a personal injury action commenced two days after the limitation period expired.
The plaintiff commenced an action for personal injuries two years and two days after a motor vehicle accident, leading the defendants to plead that the action was statute-barred.
The Hertz defendants brought a motion for summary judgment on the limitation period issue.
The plaintiff's counsel did not file materials or appear at the motion.
The court proceeded with the motion, finding no genuine issue for trial, and granted summary judgment, dismissing the action as statute-barred.
Costs were awarded to the Hertz defendants.
Court approves FLA settlement for disabled party and awards partial indemnity costs including time spent recovering accident benefits.
Following the settlement of a motor vehicle accident claim on the eve of trial, the court was asked to approve the settlement of a Family Law Act claim for a party under a disability and to fix costs.
The court approved the FLA settlement at $30,000 plus interest.
On the issue of costs, the court held that the plaintiff was entitled to claim time spent recovering accident benefits as part of the tort action costs, as the two are inextricably linked.
The court fixed the plaintiff's costs at $100,000 for fees and $44,534.29 for disbursements on a partial indemnity basis, and awarded interest on the delayed settlement funds.
