West v. Higginbotham

Plaintiff's Response To Defendant's First Amended Motion For Partial Summary Judgment & Motions For Sanctions In The Alternative


Insurance companies and their defense lawyers often look to “trap” plaintiffs in any sort of technicality they can, in order to avoid paying on claims, or in order to minimize their exposure on the claims. In this case, the defense filed a motion for partial summary judgment based on a minor defect in wording, arguing that if a minor’s mother was not a separate plaintiff in her own right, then the minor could not make a claim for medical expenses incurred as a result of her car accident injuries. Our firm promptly responded with all the necessary case law and rules of civil procedure, in order to demonstrate that this was a frivolous motion by the defense. After we filed this response, the defense counsel personally called me and agreed to drop the motion for partial summary judgment.

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Reference Info:Legal Memoranda: Motions for Summary Judgment/Adjudication | State, 5th Circuit, Texas | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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