HM&B Secures Dismissal of Auto Negligence Claim
Orange Co., 2022-CA-005919
In this alleged rear-end collision, Plaintiff claimed that Defendant was negligent in operation of her vehicle. Demands exceeded policy limits. Defendant filed a PFS and then secured non-party deposition testimony that Plaintiff’s vehicle cutoff the Defendant’s vehicle. This evidence was previously obtained by Plaintiff through her investigator and available throughout the litigation. Defendant then moved for summary judgment. Once the motion was filed, Plaintiff voluntarily dismissed the action without obtaining any compensation from Defendant. Kira Tsiring and Carlos Llorente represented the Defendant.
HM&B Secures Favorable Workers’ Compensation Final Compensation Order on Due Process Grounds
Jeff Sharkey v. Southeastern Freight Lines, Inc., and Gallagher Bassett Services, Inc. (OJCC: 24-020021TAH (Apr. 23, 2025))
The Employer/Carrier accepted compensability of a workplace accident as well as injuries to the Claimant’s left shoulder and right knee. The Claimant petitioned for compensability of “plead injured body parts including corresponding diagnosis without limitation” without further specificity. Two days before the Final Hearing, the Claimant’s Trial Memorandum requested, for the first time, “compensability of tricompartmental osteoarthritis and internal derangement of the right knee.” This was the only issue tried at the Final Hearing. Gina M. Jacobs, Esq., successfully argued before the Judge of Compensation Claims that allowing the Claimant to ambiguously assert an injury/diagnosis and then add specificity on the eve of trial would be violative of the Employer/Carrier’s due process rights. The JCC…
