Commercial Vehicle Negligence Claims Dismissed, Defendants Awarded $4,204

On March 14, 2020, a motor vehicle accident occurred involving a plaintiff and a commercial driver operating a vehicle for a transportation company. The commercial driver received a citation for improper lane change following the collision. The plaintiff reported sustaining bodily injuries and damages exceeding $200,000. An insurance company had issued a liability policy covering the commercial driver and the transportation company at the time of the incident.

The plaintiff filed a lawsuit on September 16, 2022, against the commercial driver, the transportation company, and the insurance company. The lawsuit alleged that the commercial driver negligently caused the accident and was acting within the scope of employment, making the transportation company liable. The plaintiff also claimed the insurance company was liable under its policy. Damages were sought for medical expenses and other losses.

On January 12, 2024, the defendants filed a Motion for Summary Judgment, arguing the claims were barred by the statute of limitations. The court granted the motion, determining that the statute of limitations began on July 14, 2020, after a COVID-19 tolling period, and expired on July 14, 2022. The lawsuit was filed approximately two months after the limitations period concluded, rendering the claims time-barred. The court subsequently awarded attorneys' fees and costs totaling $4,204.00 to the defendants on February 8, 2024.