ATLANTA HUB - QPWB attorneys Sandro Stojanovic and Gabriel Logreira recently obtained a significant victory for a truck driver and motor carrier in a negligence lawsuit filed in Clayton County, Georgia.

Overview of the Case

The case stemmed from a motor vehicle accident where the Defendant truck driver was making a left turn on a green arrow. Halfway through the turn, the light turned yellow then red. The Plaintiff, who was driving in the opposite direction, drove directly into the Defendant's truck once her light turned green. The Plaintiff alleged negligence and sought $300,000 in damages. However, through astute legal strategy, persuasive arguments, and by leveraging strong case law, QPWB attorneys Stojanovic and Logreira secured a Dismissal with Prejudice, completely absolving the Defendant truck driver and motor carrier of any liability.

Key Difference-Makers

• Sandro Stojanovic - Partner
• Gabriel Logreira - Associate Attorney

Claims Made Against Our Client

The Plaintiff alleged that the Defendant truck driver was negligent in making the left turn. It's important to note that the Plaintiff also initially filed suit against two statewide entities of transportation. However, QPWB's representation was limited to the Defendant truck driver and motor carrier.

Defense Strategy

QPWB attorneys Stojanovic and Logreira took a proactive approach by immediately filing a Motion for Judgment on the Pleadings. They argued that based on the Plaintiff's own complaint, which factually alleged that "Defendant [Driver] turn arrow turned green and he proceeded forward to make his left-hand turn, but before he could make the turn, his green arrow turned yellow and seconds later it turned red." The complaint itself acknowledged that the Defendant truck driver had lawfully entered the intersection on a green arrow. The QPWB team also cited the police report, which listed "insufficient timing of the traffic lights" as the cause of the accident. They supported their argument with relevant case law (Edwards v. Trammell), demonstrating that a vehicle lawfully entering an intersection on a green light has the right of way, even if required to stop within the intersection.

Notably, the case law that QPWB attorneys presented involved a Motion for Summary Judgment, which allows for the introduction of evidence as exhibits. Since they were drafting a Motion for Judgment on the Pleadings, they could not introduce evidence as exhibits and had to carefully draft their motion to account for this while also arguing that discovery was unnecessary based on the claims made in the pleadings.

Impact on Final Outcome

The court ruled in favor of the defense team, granting QPWB's Motion for Judgment on the Pleadings, dismissing the case with prejudice. This outcome prevented the Plaintiff from pursuing further legal action and incurring additional legal expenses.

Unique Aspect of the Case

The case highlights QPWB's ability to identify and leverage strategic opportunities early in the litigation process. By taking a proactive and decisive approach, Stojanovic and Logreira were able to secure a swift and favorable resolution for their clients. QPWB's legal team took immediate action, filing a Motion for Judgment on the Pleadings without providing the Plaintiff the opportunity to build a case through discovery. In doing so, they held the Plaintiff accountable for the factual allegations made in their own complaint.

Predicting the Future

This victory exemplifies QPWB's determination to prevent clients from incurring unnecessary legal expenses. By thoroughly analyzing all pleadings and immediately determining the appropriate actions, QPWB's attorneys efficiently and effectively resolve cases, demonstrating their commitment to protecting clients' resources and achieving optimal outcomes.

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About QPWB

Quintairos, Prieto, Wood & Boyer, P.A., is the largest minority and women-owned law firm in the nation. QPWB serves a diverse range of industries with over 100 areas of practice, providing expert representation for businesses and their leaders in litigation, regulatory, and corporate matters.