Partner John Wynne Opposed Motion by Bus Passenger Who Claimed Severe Injuries

Partner John V. Wynne successfully opposed a motion by a bus passenger who claimed severe injuries and failed to serve a Notice of Claim in a timely manner. The plaintiff mistakenly served the pleading on a separate and unrelated entity and tried to correct the error after the time for such service expired.

Mr. Wynne successfully argued that since the plaintiff failed to report the accident when it happened, the municipal client was not given timely notice to commence an investigation and accordingly was severely prejudiced in its defense of this claim. The court agreed and denied the plaintiff’s motion to serve a late Notice of Claim, which is a required pleading that must be presented prior to service of a Summons and Complaint.