ATLANTA HUB - QPWB Partner Sandro Stojanovic and Associate Gabriel Logreira recently obtained a significant victory for a trucking company and its driver in a motor vehicle accident lawsuit, demonstrating the firm's expertise in litigation strategy and its commitment to achieving successful outcomes for clients in the transportation industry.

Overview of the Case

The case stemmed from a motor vehicle accident that occurred on April 6, 2021, between a passenger car with two individuals (Plaintiffs) and a tractor-trailer driven by the Defendant Driver and owned by QPWB’s client, the Defendant Motor Carrier. Two years later, on April 6, 2023, Plaintiffs filed suit in Liberty County state court, alleging negligence against both the driver and the trucking company, and seeking $1,000,000 in damages. 

Key Difference-Makers

• Sandro Stojanovic - Partner
• Gabriel Logreira - Associate

Claims Made Against Our Client

Plaintiffs alleged that the defendant driver was negligent by failing to maintain her lane and exercise ordinary care. They also alleged that the defendant motor carrier was vicariously liable under the theory of respondeat superior (where an employer can be held liable for the negligent acts of their employee), along with direct negligence claims for negligent hiring, training, supervision, and entrustment. 

Plaintiffs also attempted to name the defendant motor carrier's excess carrier as a party. However, those claims were dismissed early due to case law in Georgia which holds that a self-insured motor carrier's excess carrier is not capable of being named as a party under Georgia's direct action statute.

Defense Strategy

Plaintiffs' counsel failed to serve any defendant. On 6/6/24, the defendant, who was unaware of this case's existence, received a trial notice. On 6/7/24, QPWB filed special appearance answers and removed the case to federal court (Southern District of Georgia, Savannah Division). The QPWB team took a unique approach by removing the case to federal court more than a year after the suit was filed, successfully arguing that removal was timely. 

This was a crucial decision as Plaintiffs' counsel attempted to dismiss the case without prejudice but the court denied their motion and ruled in our favor as it found that Plaintiffs' failure to serve the defendants for more than a year after the statute of limitations ran should not be rewarded by essentially granting Plaintiffs' counsel a "redo" by virtue of dismissal. 

This strategic maneuver allowed QPWB to exploit a procedural deficiency in the plaintiffs' case: the failure to serve any defendant within the statutory timeframe. By removing the case, QPWB essentially forced the plaintiffs to justify their failure to serve for more than a year after the statute of limitations and grace period had run. Ultimately leading to a Dismissal with Prejudice.

Impact on Final Outcome

The court granted QPWB's Motion to Dismiss with Prejudice, recognizing that the plaintiffs' failure to serve the defendants for over a year after the statute of limitations ran should not be rewarded. This strategic approach resulted in a complete dismissal of the case, preventing the plaintiffs from refiling their claims. 

Plaintiffs' counsel was unable to present their argument on the merits of their case due to the case’s dismissal for procedural failures.

Unique Aspect of the Case

The case highlights QPWB's ability to identify and leverage procedural advantages in complex litigation. The firm's expertise in navigating the intersection of federal and state procedural rules, combined with its strategic decision-making, proved crucial in securing a favorable outcome for the client.

Predicting the Future

This victory underscores QPWB's commitment to providing exceptional legal representation and achieving successful outcomes for clients in the transportation industry. The firm's attorneys and support staff work tirelessly to analyze complex situations, identify strategic opportunities, and implement effective legal strategies to protect clients' interests.

Further, this legal victory underscores that QPWB understands the importance of being intimately acquainted with the Federal Rules of Civil Procedure and its overlap with substantive state laws.