Dismissal Upheld: Duval County, Florida (Auto Negligence)

Jacksonville Associate William Roe and Partner Chris Brown recently handled a case that was dismissed by the lower court and upheld by the Florida Fifth District Court of Appeal. 

 The underlying cause of action involved a multiple car rear-end accident on the expressway where our insured was cited for improper speed and not paying attention.  As a result of the subject accident, Plaintiff complained of neck pain, back pain, headaches, and right shoulder pain where he later underwent a right shoulder arthroscopy with rotator cuff repair.  The lower court dismissed the action due to Plaintiff’s failure to attend the case management conference. Plaintiff moved for reconsideration citing excusable neglect, which the lower court denied. 

 Plaintiff then appealed to the Fifth DCA. In the Answer Brief, William Roe argued that there had been no error on the part of the lower court, and that Plaintiff’s argument of excusable neglect did not meet the standard of review.  The appellate court agreed, and upheld the lower court’s dismissal of the case.  The statute of limitations has now passed and Plaintiff is barred from bringing another lawsuit.

 Congratulations Chris and Billy on this great outcome!