Garrick Gallagher and Dillon Steadman prevail on summary judgment on worker’s compensation standing grounds
Attorneys Garrick Gallagher and Dillon Steadman recently secured a defense judgment in a construction jobsite injury claim in which an injured worker sought damages exceeding $150,000. Plaintiff claimed a piece of rental equipment was defective or negligently maintained when he was injured using it. The defendants successfully argued that the Plaintiff lacked standing to bring his lawsuit because he received worker’s compensation benefits, did not pursue a third-party claim in the first year after the injury, and did not obtain a reassignment from the worker’s compensation carrier before filing his lawsuit just before the 2-year statute of limitations expired. After briefing and oral argument, the Court granted summary judgment to the Defendants and awarded the firm client its taxable costs as the prevailing party.
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