Adelman Prevails in Favor of Delivery Company
Jonathan M. Adelman prevailed on a motion for summary judgment in favor of a large express delivery company in the State Court of Gwinnett County. The case arose from a motor vehicle collision involving the plaintiff and an independent contractor driver of the express delivery company. The plaintiff argued that the express company controlled the time, manner, and method of the independent contractor’s job duties and, therefore, could be held vicariously liable. Mr. Adelman argued that the elements of control relied upon by the plaintiff did no equate to control of the operative details of the independent contractor’s job duties. Mr. Adelman showed that the independent contractor utilized his own vehicle, picked his own routes, and determined his own hours.
Waldon, Adelman, and Castilla Prevail in Putative Class Action
Russell D. Waldon, Jonathan M. Adelman, and Hilliard V. Castilla prevailed on a motion to dismiss a putative class action against one of the nation’s largest insurers. The putative class representatives claimed that they were entitled to recover uninsured motorist coverage benefits equal to the amounts equal to the amount which their recoveries had been reduced due to medical payments coverages paid. In total, plaintiffs sought to recover in excess of $20,000,000.00. In support of the motion dismiss, Mr. Waldon and Mr. Adelman argued that the class failed to meet the condition precedent of obtaining a recovery against the uninsured motorists before proceeding against their uninsured motorist insurer. The U.S. District Court for the Northern District of Georgia agreed.