United States: Sheehan And Leitner Granted Motion For Summary Judgment In MV Accident For Major Client

Noelle K. Sheehan (Partner-Orlando) and Leia V. Leitner (Associate-Orlando) recently obtained summary judgment in favor of a major delivery client for negligence claims under the respondeat superior doctrine arising from a motor vehicle accident. The plaintiff asserted that the co-defendant driver, while logged onto the Driver Version of the client's application, ran a stop sign made a left turn in the direct path of the plaintiff, who claimed a variety of injuries and headaches from the subject accident. The plaintiff filed a two-count complaint asserting negligence against the driver and the client for vicarious liability the driver's alleged negligent actions. The driver was essentially absent through the entire proceedings, and the plaintiff did not serve discovery requests to the driver or take his deposition. This thwarted plaintiff's ability to present counter-evidence on the driver's status as an independent contractor. Noelle and Leia moved for summary judgment on the grounds the driver was an independent contractor, making the client not liable for vicarious liability. Before the summary judgment motion hearing, plaintiff's counsel requested dismissal as to our client. Taking an aggressive approach, Noelle and Leia requested that plaintiff agree to an Order granting our client's motion for summary judgment and dismissal. In exchange, we agreed to forego our client's claims for attorneys' fees in connection with its summary judgment motion. Running out of options, plaintiff agreed to the Order and dismissal. This case is significant because it was the client's first win on a motion for summary judgment in Florida and second win on motion for summary judgment in the United States of America.