Partner John Wynne Obtained Dismissal of Case Where Bus Passenger Claimed Serious Injuries

Partner John V. Wynne obtained a dismissal of a case where a bus passenger claimed serious injuries due to an alleged “sudden stop” of our client’s bus. The plaintiff originally alleged that the accident occurred on May 15, 2017, and so alleged in the Notice of Claim, Summons, and Complaint and her deposition testimony. She later sought in 2023 to amend the pleadings to correct the date to June 24, 2017.  Arguing that this was an unreported claim when it happened, Mr. Wynne established that the municipal client was severely prejudiced by this late attempt to amend the pleadings.  The court agreed and denied plaintiff’s motion to amend while granting BMM’s motion to dismiss all claims.