GMR Attorney Brandon Cohen successfully prevailed on a motion for summary judgment on liability dismissing all claims against his automobile insurance client in a multi-defendant Monmouth County, New Jersey automobile lawsuit. Plaintiff claimed injuries following a motor vehicle accident involving a 3-vehicle chain reaction accident. Brandon represented Plaintiff’s UM carrier, as one of the alleged tortfeasors was uninsured. Despite not having a client or sworn testimony from the uninsured driver, Brandon effectively cross-examined all parties at deposition and argued Plaintiff could not recover UM benefits as the uninsured driver was not at fault for the subject accident. Co-Defendant pled and testified the uninsured driver contributed to the accident by suddenly coming to a stop and not allowing Co-Defendant enough time to safely stop behind the uninsured driver. Accordingly, Plaintiff was unwilling to voluntarily dismiss the UM carrier. Brandon relied on the testimony of Plaintiff, Plaintiff’s daughter (the driver), and Co-Defendant, as well as the police officer to prove the uninsured driver did not bear any responsibility for the accident. Further, he argued the standard in New Jersey as set forth under Dolson is that it is negligent for a vehicle not to maintain a reasonably safe distance behind the car in front of it and failing to safely stop behind that vehicle.
