MBL Executive Partner Timothy Kubik recently obtained dismissal of a bodily injury claim brought by a husband and wife after being involved in a motor vehicle accident involving a commercial vehicle. MBL’s clients — who operate a local landscaping company — admitted liability, as their employee, who was driving a company vehicle, was at fault for striking the moving van occupied by plaintiffs. However, Tim challenged the injury claims and argued that plaintiffs could not show objective proof of causation for their alleged accident-related injuries, which included traumatic brain injuries, mental health issues, and spinal damage.

Plaintiffs demanded $850,000 to resolve the claim and refused to negotiate. In response, Tim filed comprehensive motions for summary disposition that analyzed the medical treatment by each of plaintiffs’ doctors. He argued that the plaintiffs were unable to meet their burden of proof and should not be permitted to proceed to trial. The trial judge agreed, granted both motions, and dismissed the case with prejudice, ending the expensive and stressful ordeal for MBL’s insurance clients.