Summary Judgment Affirmed on Appeal

Summary Judgment Affirmed on Appeal

Nicholas Bussé recently prevailed in an appellate matter considered by Florida’s First District Court of Appeal.

Nicholas handled the underlying matter, a personal injury case involving a phantom vehicle. Plaintiffs alleged the Defendants’ vehicle rear-ended the Co-Defendants’ vehicle in front of them, causing a chain reaction which ultimately resulted in injuries to the Plaintiffs. Through the use of deposition testimony of the Plaintiffs, Co-Defendants, photographs, and affidavits, we were able to establish the cause of the accident was not our client, but a phantom vehicle which first impacted our client. The trial court entered final summary judgment in our clients’ favor in November 2023.

An appeal was filed, and the First DCA issued a written opinion confirming that the Plaintiffs did not produce enough evidence to overcome the assertion that a phantom vehicle caused the collision.

A Proposal for Settlement was served almost two years ago, triggering our right to seek recovery of attorney’s fees.