Tuesday, November 18, 2014
On thing that irritates me on a personal injury case is getting boilerplate answers. My personal favorite was recently where the at fault party ran a stop sign. My office filed suit and one of the affirmative defense was that my client was negligent resulting in her own injuries. At some point, a motion needs to be filed to dispose of certain affirmative defenses either as a motion to strike or potentially a partial summary judgment motion. This disposes of some of the smoke and mirrors defendants often try to use on these type cases.