Her v. Davis, April 16, 2008 (Diaz)(unpublished)
This opinion appeared yesterday on the Business Court website. It’s not a Business Court case (it’s actually a car accident case), but it presents a good lesson on what it takes to properly oppose a Motion for Summary Judgment.
The issue was whether Defendant’s insurance carrier had accepted a settlement offer from Plaintiff’s counsel before the lawsuit was filed, thus barring the lawsuit from proceeding.
The Defendant presented an Affidavit from the insurance carrier stating that a lawyer representing the Plaintiff had offered to