Case: Motor Vehicle
Counsel: Alice Spitz and Robert Von Hagen
Result: Motion to Dismiss Granted Against Passenger Plaintiff
Plaintiff claimed that she sustained personal injuries arising from a side-swipe motor vehicle accident as a passenger of a vehicle, owned and operated by our clients, while the acting within the scope of her employment. The plaintiff pursued workers’ compensation benefits in connection with the injuries she allegedly sustained. The plaintiff did not claim to have sustained a Grave Injury in her Complaint. MSD filed a motion asking the court to dismiss the plaintiff’s Complaint and all cross-claims, on behalf of our clients, for her failure to state a cause of action upon which relief can be granted as the plaintiff’s action is barred under the Workers’ Compensation Law of New York, or to alternatively convert the motion into one for summary judgment dismissing the Complaint and all cross-claims based on the exclusive workers’ compensation remedy. The Court granted our motion to dismiss and plaintiff’s claims against the client were dismissed with prejudice.