Congratulations to Gregory Bokota for securing a significant defense victory in a complex negligence case pending in Richmond, Indiana (on the Ohio border).
The case involved a tragic automobile accident where an adult daughter, struggling with addiction, borrowed her mother’s car, bought and adjusted illegal drugs, and was then involved in a head-on collision with the Plaintiffs, resulting in her death and serious injuries to the Plaintiffs.
The Plaintiffs sued only the mother (the car owner) for negligent entrustment, as well as their own UIM carrier, State Farm. Greg conducted depositions of the Plaintiffs and defended the deposition of the mother, then filed a Motion for Summary Judgment. Greg retained a nationally recognized toxicologist who assisted in the defense with his opinion that Plaintiff was sober when she left the home, and only became intoxicated 60 seconds or less before the MVA.
Last week, the Court granted Greg’s Motion to Strike certain portions of Plaintiff’s response brief, and this week, granted summary judgment in favor of both Ohio Mutual and State Farm. The Court found no evidence of negligent entrustment. Further, the Court recognized that the Plaintiffs’ failure to sue the daughter’s estate failed to preserve State Farm’s subrogation rights under the insurance policy, entitling State Farm to Summary Judgment.
Ohio Mutual and the insured mother client expressed great satisfaction and relief with this outcome. This victory is particularly meaningful, as it marks resolution (barring appeal) of the first case Ohio Mutual assigned to Garan.