A Proven Track Record

Representative Cases - Civil Defense

Medical Malpractice - Summary Judgment Granted

Plaintiff alleged that his primary care physician prescribed him a drug despite knowing that patient was allergic. He sued his doctor and the doctor’s practice group, but served his demand on a hospital, not the doctor or the group.

Jeremiah Newhall brought an early motion for summary judgment. He argued that because Plaintiff had not served the correct party within the statute of limitations, the lawsuit was barred and should be dismissed.

After extensive briefing and argument, the court agreed, granted summary judgment, and DISMISSED the lawsuit against the physician and his practice group with prejudice.

Premises Liability - Summary Judgment Granted

Client, a non-profit provider of subsidized housing, was sued by a couple who lived down the street. The Plaintiffs alleged that they were on client’s property when they were attacked by client’s tenants.

Jeremiah filed a motion for summary judgment to dismiss all claims against the client. He obtained tax records, deeds, and recorded admissions from the Plaintiffs to prove that the Plaintiffs were never on client’s property. The court agreed that there was no legitimate dispute that Plaintiffs were never on client’s property, granted summary judgment, and DISMISSED all claims with prejudice.

Premises Liability - Dismissed with Prejudice

Client, a non-profit that provided low-cost housing to the disabled, was sued by a police officer who fell while chasing a burglar down a fire escape. The officer’s lawsuit alleged that the non-profit had a duty to maintain the fire escape to prevent his fall.

Before any discovery was conducted, Jeremiah identified a fatal flaw in Plaintiff’s case. The client sublet the apartments and did not own the building. Jeremiah found a provision in the lease agreement that made the building owner, and not client, responsible for maintenance of the fire escape. He moved for immediate dismissal at the beginning of the case under Rule 12(c).

After briefing and oral argument, the court agreed, and DISMISSED the claim against client with prejudice.

Contractor Lawsuit - Dismissed with Prejudice

Plaintiff was a homeowner who hired a contractor to repair water damage to her home after a flood. Years later, she sued the contractor, alleging that they failed to get rid of mold growth from the water damage. Plaintiff alleged that her expert witnesses would testify that contractor should have stopped the mold growth and failed to do so.

Right at the outset of the case, before any depositions or expert expenses, Jeremiah moved to dismiss the lawsuit under Rule 12(c). He argued that Plaintiff’s husband had signed a contract requiring all claims to be brought within one year, but she had waited longer than a year to file the lawsuit. Plaintiff argued that the provision should not apply, but the court agreed with Jeremiah and DISMISSED all claims against the client with prejudice.

Medical Malpractice - Dismissed with Prejudice

Client, a corporation, provided no-cost health care services under a contract with the local county government. Plaintiff alleged that the client’s medical staff had failed to identify him as a fall risk during his medical exam, and that he fell and was injured as a result.

After client’s previous counsel tried and failed to dismiss the lawsuit on summary judgment, Jeremiah was brought on to assist. He found a defect in Plaintiff’s case: Because client was a corporation under contract, and not a government employee, the statute of limitations was 60 days shorter than what Plaintiff had asserted in his lawsuit. He filed a motion to dismiss, arguing that Plaintiff had relied on the wrong limitations period and filed his lawsuit too late.

After briefing and argument, the Court agreed with Jeremiah and DISMISSED the lawsuit with prejudice.