Frivolous Lawsuits Must Go
Frivolous lawsuits have a short life at Hardiman & Carroll. A client contacted Hardiman & Carroll after being served with a complaint. Plaintiff sued the tow truck company client alleging causes of action for Improper Towing, Conversion, and Fraud.
Kenneth Litton handled the action and Ken’s early goal was to obtain a dismissal of what he deemed to be a frivolous suit. Additionally, while Ken assisted the client in obtaining insurance coverage for the claim, the client was concerned about ongoing legal fees.
Despite the fact that demurrers are rarely granted without the Court providing the party with an opportunity to amend its pleadings, Ken chose to file a demurrer in the action in order to attempt early resolution and avoid the high costs of ongoing litigation for a cost-conscious client. Based on the strength of Ken’s briefing of the issues, the demurrer was granted without leave to amend. The case was closed with minimal time and expense to the client or the carrier which ultimately accepted the defense.