Tuesday, November 18, 2014

Boilerplate Answer

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. 

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