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Date: 11-21-2022
Case Style:
Giovannie H. Salazar v. Jay A. Morris and Jay Morris Trucking
Case Number: 3:19-cv-00103
Judge: Damon R. Leichty
Court: United States District Court for the Northern District of Indiana (St. Joseph county)
Plaintiff's Attorney:
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Defendant's Attorney: Andrew W. Mason, Todd A. Smith
Description: South Bend, Indiana personal injury truck wreck lawyer represented Plaintiff, who sued Defendants on wrongful death auto negligence theory claiming to have suffered more than $75,000 in injuries and/or damages as a direct result of an accident.
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In December 2017, Plaintiff initiated his wrongful death action in an Illinois court. That court dismissed Plaintiff's case in August 2018 pursuant to the doctrine of forum non conveniens. Plaintiff then filed his original complaint before this Court on February 19, 2019, raising the same wrongful death claims dismissed in Illinois. On July 1, 2019, this Court entered its Rule 16(b) Scheduling Order setting October 1, 2019, as the deadline for Plaintiff "to amend the pleadings without leave of court." [DE 22 at 2]. The Court then expressly noted that "[t]hereafter, any amendments to the pleadings must be by motion and leave of court.
The elements of a personal injury claim are: (1) Failure on the part of the Defendant to exercise due care, (2) damages and/or injuries caused to Plaintiff, and (3) a direct casual relationship between 1 and 2.
Outcome: Settled for an undisclosed sum.
Plaintiff's Experts:
Defendant's Experts:
Comments:
Defendant's Attorney: Andrew W. Mason, Todd A. Smith
Description: South Bend, Indiana personal injury truck wreck lawyer represented Plaintiff, who sued Defendants on wrongful death auto negligence theory claiming to have suffered more than $75,000 in injuries and/or damages as a direct result of an accident.
In December 2017, Plaintiff initiated his wrongful death action in an Illinois court. That court dismissed Plaintiff's case in August 2018 pursuant to the doctrine of forum non conveniens. Plaintiff then filed his original complaint before this Court on February 19, 2019, raising the same wrongful death claims dismissed in Illinois. On July 1, 2019, this Court entered its Rule 16(b) Scheduling Order setting October 1, 2019, as the deadline for Plaintiff "to amend the pleadings without leave of court." [DE 22 at 2]. The Court then expressly noted that "[t]hereafter, any amendments to the pleadings must be by motion and leave of court.
The elements of a personal injury claim are: (1) Failure on the part of the Defendant to exercise due care, (2) damages and/or injuries caused to Plaintiff, and (3) a direct casual relationship between 1 and 2.
Outcome: Settled for an undisclosed sum.
Plaintiff's Experts:
Defendant's Experts:
Comments: