Savannah Partner Kate Cappelmann and Savannah Managing Partner Brantley C. Rowlen, with Atlanta Partner Christine Hall, recently secured the dismissal of suit brought against a trucking company and its insurer arising from a motor vehicle accident. The suit alleged negligence, imputed liability, negligent hiring, training, and supervision, and a direct action against the insurer. The plaintiffs' underinsured carrier also filed crossclaims against both the company and insurer for indemnity. Though the plaintiffs had been provided with evidence that the alleged at-fault driver was no longer employed by the trucking company, they pursued litigation and discovery.
After the Georgia team took the plaintiffs' depositions, in which both plaintiffs agreed they had no evidence to refute the fact that the lease agreement between the trucking company and the driver had been terminated at the driver's behest a month prior to the accident, and also agreed that the trucking company should not be held responsible for the actions of a driver who does not work for it, the plaintiffs agreed to voluntarily dismiss the trucking company and its insurer.
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