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Massachusetts Attorneys Obtain Dismissal in Negligence Case

Boston-area Partner Eileen P. Kavanagh and Attorney Deren P. Dube obtained dismissal in the United States District Court for the District of Massachusetts in a negligence action sua sponte on jurisdictional grounds after our attorneys filed motions in limine to preclude Plaintiff’s experts and evidence of alleged damages.

Plaintiff claimed she was injured when our client’s employee allowed the box truck he was operating to roll forward into the rear of Plaintiff’s vehicle while she was stopped at a traffic light. Our client acknowledged responsibility for the accident but denied the scope, extent and duration of Plaintiff’s alleged injuries.

The case did not resolve at a mediation conducted by a senior status federal judge wherein Plaintiff’s demand remained in the mid-six figures and the defendant’s highest offer was in the low-five figures. Thereafter, the parties prepared for trial and filed multiple motions in limine.

Eileen and Deren successfully argued that Plaintiff could not establish her alleged damages because the orthopedic expert’s testimony, regarding Plaintiff’s alleged need for future surgery, was too speculative; therefore, the corresponding portions of the second expert’s proposed medical cost projection report must be precluded.

In May 2023, after a hearing specifically on the issue of whether Plaintiff would be able to prove her alleged medical damages, and the day before the final pre-trial conference, the judge dismissed the case. In lieu of refiling her action in state court, Plaintiff chose to accept a settlement offer that was less than the senior judge’s recommendation at mediation.

Eileen concentrates her practice on the defense of complex personal injury and damages claims. She is a seasoned litigator with more than 35 years of experience in state and federal courts.

Deren focuses his legal practice on complex civil litigation, particularly in the area of general liability. He also handles matters involving personal injury defense, professional liability, products liability and commercial liability.