The Early Bird Gets the Case Dismissed
There are times in litigation when the best legal strategy is to wait, let things progress, and then defend the case in a courtroom. Sometimes however, you need to take immediate and aggressive action. In Katie Buxman’s recent case she acted early and succeeded in getting the case dismissed on the pleadings.
The Background Story
The claim initiated from a car accident where there was very little damage. The plaintiff making the claim had a long history of being involved in auto accidents. She also received a substantial amount of chiropractic treatment that was allegedly related to the most recent accident. The case was transferred to the Special Investigation Unit (SIU) for further analysis in determining whether these high dollar claims were justified or not. When the plaintiff heard of this development she sued the insurance company alleging “intentional infliction of emotional distress.
Katie Buxman was brought in to review the facts of the case and build a defense for the insurance company. After a thoughtful examination, Katie decided that the plaintiff was making a frivolous, inflated claim. Feeling that the case had very little merit, she attacked the case while it was still in the initial pleading stage, and filed a motion to dismiss. Executing this strategic move took precision and skill; usually the pleadings go in favor of the plaintiff, so defense counsel will opt to strike later on.
The judge agreed with the defense and ruled that the case was frivolous and based more on the plaintiff’s hurt feelings, than any actual damage done. The case was dismissed, which means that Katie’s client won’t have to answer, won’t have to submit discovery, and won’t have pay for depositions. By taking an aggressive stance so early in the case Katie’s client was able to save thousands of dollars in fees and costs, proving that the early bird strategy can work!