Miami Partner Richard Rusak and Associate Nicole Habina prevailed on a summary judgment in a personal injury action involving an automobile rear-end collision Miami-Dade County. The case involved an owner of a repair shop who drove our client’s motor vehicle from the shop and later collided with, and allegedly injured, the Plaintiff. Immediately upon their appointment as defense counsel, Mr. Rusak and Ms. Habina conducted a thorough factual investigation and legal analysis. They determined the repair shop and conversion exceptions* applied barring recovery for the claims brought against their client and quickly prepared a motion for summary judgment on the issue.
At the summary judgment hearing, Plaintiff’s counsel cited various cases in an attempt to persuade the judge to deny the motion. Mr. Rusak, who has a deep understanding of the law on this issue, questioned the validity of the cases cited, which forced Plaintiff’s counsel to admit to using artificial intelligence to prepare his argument. A proposal for settlement was served prior to the motion which was triggered by the Court’s ruling. A motion seeking attorney fees against the Plaintiff is forthcoming. This case exemplifies excellent representation by CSK and outstanding advocacy by Mr. Rusak and Ms. Habina.
*Repair shop exception refers to someone dropping off a vehicle at a repair shop and giving the repair shop all control over their vehicle.
*Conversion exception refers to someone stealing a vehicle and then getting into a crash.
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