01 May, 2024

Garth's Fact-Based Approach Prompts The Dismissal Of Extraneous Claims; Protecting Rehabilitation Facility In Negligence Suit


In: Verdicts


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Las Vegas-Hub Managing Partner Adam Garth's unwavering determination secured a legal victory by filing a pre-answer motion to dismiss duplicative claims, effectively limiting uncapped damages for the client by demonstrating overlapping facts and invoking statutory protections, resulting in the dismissal of extraneous claims and securing capped damages.

Overview of the Case

  • The plaintiff, a motorcycle rider, suffered serious injuries in a collision.
  • Following hospital discharge, the plaintiff underwent rehabilitation and wound care at a facility accused of neglecting proper wound care.
  • Despite limitations on damages for professional negligence claims, the plaintiff sought to expand their case by alleging general negligence and vulnerable person neglect.
  • We filed a pre-answer motion to dismiss redundant claims, as they only serve to restrict potential damages and complicate liability issues.

Claims Made Against our Client

  • The plaintiff alleged that we neglected to develop, implement, or oversee a care plan for treating the wounds sustained in their motorcycle accident.
  • Furthermore, the plaintiff asserted that this alleged failure amounted to vulnerable person neglect.

Defensive Strategy

  • Garth meticulously compared the allegations across various claims against our client, demonstrating that non-professional negligence claims duplicated those in the professional negligence claim.
  • By securing the dismissal of these redundant claims, we limited the plaintiff's ability to pursue uncapped damages, which we believe they cannot establish liability for.

Impact on Final Outcome

  • Our pre-answer dismissal of redundant claims, subject to the limited damages caps of professional negligence, ensures capped damages for our client, contingent upon any proven liability.
  • By presenting a thorough legal overview and initiating action before an answer was lodged, we strategically positioned ourselves for success. Our presentation of indisputable facts and arguments paved the way for a pivotal victory in favor of our client from the outset.

Predicting the Future

  • Through our assertive litigation approach and thorough legal analysis, diverging from the customary practices in this jurisdiction, we're dismantling the plaintiff attorneys' capacity to bypass statutory protections for our clients.
  • We firmly adhere to the belief that inaction leads to missed opportunities, hence, we diligently pursue every avenue for our clients at each procedural stage to constrain litigation scope and potential damages.

About QPWB

Quintairos, Prieto, Wood & Boyer, P.A., is the largest minority and women-owned law firm in the nation with jurisdiction in 45 states and territories in the U.S. allowing us to serve a broad spectrum of industries with over 100 areas of practice. Our lawyers provide representation for businesses and their leaders in litigation, regulatory, and corporate matters.

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