February 7, 2024
ShareKelley Kronenberg Settles Gig Economy Case For a Fraction of Plaintiff’s Demand
Kelley Kronenberg Partner and Business Unit Leader, Lara Weems Rezapour and Attorney Wendy Gaskins achieved a significant victory in a recent general liability case in Hillsborough County, Florida.
The plaintiff initiated legal proceedings by demanding policy limits, prompting a strategic response from Kelley Kronenberg’s defense counsel. A Motion for Summary Judgment was filed expeditiously, challenging the defendant’s liability due to an independent contractor relationship in this auto accident within the gig economy.
During subsequent informal negotiations, the defense emphasized case strengths and liability defenses. Following a substantial reduction in the plaintiff’s initial demand, plaintiff issued a Proposal for Settlement (PFS) to defendant. The defense successfully leveraged its MSJ, coupled with an expired PFS to the Plaintiffs, to obtain a nominal settlement amount for the driver, as well as a dismissal with prejudice as to all Defendants, with a full and final release.
The legal analysis underscored the defense’s proficiency in navigating the case complexities, with the Motion for Summary Judgment premised on a gig economy carrier’s lack of liability playing a pivotal role in the strategy.
The total estimated exposure presented by this case was significant, with the settlement equating to approximately 9% of the plaintiff’s highest demand. The negotiated outcome constituted a substantial financial victory for the defense. Moreover, the settlement expedited the conclusion of litigation, mitigating costs and uncertainties associated with prolonged legal battles.