Joshua Bovender and Trevor Flynn successfully negotiated a voluntary discontinuance for their client in a multi-party catastrophic injury claim. Plaintiff was a delivery driver whose company mistakenly sent him to the wrong address to deliver a truck transmission. While attempting to deliver the transmission to Josh and Trevor’s client, Plaintiff was repeatedly and viciously attacked by two security dogs at the mistaken address.
Plaintiff filed suit against the owners of the security dogs and an auto body shop that previously owned the property where the attack occurred. Plaintiff alleged injuries to his right hand, right wrist, right leg and left arm. He also claimed cellulitis, permanent scarring, nerve damage, bilateral knee injuries, lost wages and loss of consortium.
The security dog owners joined TTH’s client, who had ordered the transmission, alleging that he conspired with an unidentified employee of the auto body shop to have the package delivered to the body shop’s old location in order to obtain a delivery discount. After investigating the matter, Josh and Trevor discovered that their client had ordered the transmission from a manufacturer, who then hired a third-party delivery company. It was the delivery company who made the mistake with respect to the delivery address. After producing the correctly addressed invoice between their client and the manufacturer, Josh and Trevor were able to disprove the security dog owners’ conspiracy theory that their neighbor purposely had the transmission delivered to their address. Without any evidence to support the allegations in their Joinder Complaint, the Original Defendants stipulated to a voluntary dismissal of Josh and Trevor’s client from the action.
Questions about this case can be directed to Joshua Bovender at (717) 237-7153 or jbovender@tthlaw.com, or to Trevor Flynn at (717) 255-7239 or tflynn@tthlaw.com.