Philadelphia partner Kevin Monastra and associate Chris Thagard secured a dismissal with prejudice in a single count negligence matter involving an impact between the plaintiff-driver and our client-pedestrian. The plaintiff filed suit against our client alleging negligence in damage to his vehicle. The impact occurred when the plaintiff-driver swerved to avoid contact with another vehicle. In doing so, plaintiff’s vehicle made contact with our client, who was out jogging at the time of the incident. The impact resulted in damage to the portions of the passenger side door.
In their Motion to Dismiss, our lawyers argued that the plaintiff’s Complaint failed to allege any facts demonstrating that our client was negligent in any manner. The District Court agreed and dismissed our client, finding our client not negligent.
