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

Partner John V. Wynne secured a dismissal of the plaintiff’s complaint where the plaintiff, a passenger on a bus operated by BMM’s client, claimed serious injuries due to the alleged negligent operation of the bus. The passenger initially sought leave of the court to serve a Notice of Claim upon the client after the statutory time limit had expired. Mr. Wynne successfully opposed that motion. Nevertheless, the passenger subsequently served a summons and complaint alleging compliance with the Notice of Claim requirements.  

Mr. Wynne immediately moved for dismissal citing the court’s previous denial of claimant’s motion, arguing that the allegations of compliance were false and the applicable statute of limitations for an action against a Public Authority has expired. The court agreed and dismissed all claims against BMM’s client.